Every Laptop and Cell Phone in Detroit (and Dearborn) Can Be Searched at Will

I’m not really sure how Detroit is supposed to pursue an arts-based resurgence if the Department of Homeland Security maintains that it can seize any electronics along the nation’s borders — which extend 100 miles and therefore include the bulk of the population of Michigan

The Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.

The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.

“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said.

[snip]

According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation’s actual border.

I mean, if I were a business of any kind I’d move outside of this 100-mile border zone to protect my company secrets. Though that would up-end a good deal of the US auto industry, which they can’t really afford.

This is absurd. The notion that the border exception would expose entire cities (San Diego and, I think, Miami, would be similarly exposed) to this kind of privacy invasion shows how absurd the contention is.

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Emptywheel Twitterverse
bmaz RT @WerlySportsLaw: .@bmaz @Prof_Holland @WALLACHLEGAL @RMFifthCircuit @IanPGunn @amilst44 we bet thousands of dollars on this right? #payup
1mreplyretweetfavorite
emptywheel Y'all might want to mute me until I'm done tweeting every time Berman mocks NFL's claims of independence. http://t.co/Hlj6TsXf8K
1mreplyretweetfavorite
bmaz @WerlySportsLaw @Prof_Holland @WALLACHLEGAL @RMFifthCircuit @IanPGunn @amilst44 Just waiting to collect. Hopefully from those mopes at @ESPN
3mreplyretweetfavorite
emptywheel Berman mocking NFL claims of "Independent" investigation again. http://t.co/6qFRaJdYOT
3mreplyretweetfavorite
emptywheel @EdgeofSports Don't think that's true. NFL HAS broad authority there. They just keep far overstepping it.
8mreplyretweetfavorite
emptywheel Shorter Judge Berman: The NFL seems to have a flexible notion of what "independent" means. http://t.co/nSY7eVTwum
9mreplyretweetfavorite
bmaz RT @WerlySportsLaw: Court finds that no player that had "general awareness" of ball deflation had notice. #BOLD http://t.co/TAsO2M9JKa
13mreplyretweetfavorite
emptywheel Now that we've Freed Tom Brady, can we also Free RGIII?
13mreplyretweetfavorite
bmaz RT @IanPGunn: As @WALLACHLEGAL and I said when we reviewed oral argument transcript, Berman's questioning wasn't devil's advocate.
15mreplyretweetfavorite
emptywheel Remember, Goodell did all this to defend integrity of the game. Cf that team from Washington.
15mreplyretweetfavorite
bmaz Been saying this for years, but it"s once again established that @ESPN's Lester Munson is a dope+doesn't know squat about law in real courts
15mreplyretweetfavorite
emptywheel Berman really harped on this in hearings: Turns out Brady plays better with big balls. http://t.co/R1KNW2Fuar
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