Lawsuit Seeks to End Border Searches of Electronic Devices

September 8, 2010 -

When the President of the National Association of Criminal Defense Lawyers (NACDL) is forced to log in to her laptop at an airport and a customs official disappears for 30 minutes with the computer, it’s probably a safe bet that some form of litigation will emerge from the encounter.

This is exactly what happened to Lisa Wayne as she was traveling home from Mexico in August of 2008. The incident, according to the National Law Journal, took place at the Houston, Texas airport and eventually resulted in her organization joining a lawsuit against the U.S. Department of Homeland Security, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement officials.

The NACDL, the National Press Photographers Association (NPPA) and Pascal Abidor, a student, and NPAA member whose laptop was seized and searched during a May U.S. and Canadian border stop, are the lawsuit’s plaintiffs. Abidor was jailed briefly and his laptop was returned to him eleven days later. His email and research were among the items accessed on his hard drive by authorities.

The American Civil Liberties Union is representing the plaintiffs in the suit, which seeks to constitutionally challenge (leveraging the Fourth Amendment) the “suspicionless search of the contents of Americans’ laptops, cell phones, cameras and other electronic devices at the international border.”

DHX spokesman Matthew Chandler called the searches a “targeted tool” for customs officials.

In the complaint it’s alleged that Customs officials can undertake a search “with or without individualized suspicion," and that over 6,500 people were subjected to such searches of their electronic devices from October, 2008 through June of this year. Of the 6,500, nearly 3,000 were U.S. citizens.

For her part, Wayne plans to claim attorney/client privilege and refuse to log in to her laptop if asked to do so in the future. She still worries that custom officials will seize her computer and ultimately gain access though.

The full complaint can be accessed on the ACLU website here (in PDF form).

Earlier this year, the ACLU claimed that customs officials were making copies and backups of information seized off the electronic devices of travelers.


Comments

Re: Lawsuit Seeks to End Border Searches of Electronic ...

What happens when you use encrypted file containers? Do they intimidate you into exposing your data or can they penalize you for non-compliance?

Re: Lawsuit Seeks to End Border Searches of Electronic ...

They demand the access codes for it or detain you under the patriot act as a potential terrorist until you comply.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

Isn't this sort of thing that ACTA would want to happen on a daily basis at airports? If so I would so fight this thing before it becomes standard. 

http://www.magicinkgaming.com/

Re: Lawsuit Seeks to End Border Searches of Electronic ...

According to BoingBoing, that section's been removed.

Of course, ACTA is still bad, bad news.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

There are rumblings of that yes, though they are coming with the classic 'we need to be able to search for kiddy porn!' argument rather then ACTA.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

"The NACDL, the National Press Photographers Association (NPPA) and Pascal Abidor, a student, and NPAA member whose laptop was seized and searched during a May U.S. and Canadian border stop, are the lawsuit’s defendants."

Should that say "plaintiffs"?

Thanks for the article; interesting stuff.

 
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MattsworknameNomad colossus did a little video about it, showing the world and what can be explored in it's current form. It's worth a look, and he uses text for commentary as not to break the immerison08/01/2015 - 5:49pm
MattsworknameI feel some more mobility would have made it more interesting and I feel that a larger more diverse landscape with better graphiscs would help, but as a concept, it interests me08/01/2015 - 5:48pm
Andrew EisenHuh. I guess I'll have to check out a Let's Play to get a sense of the game.08/01/2015 - 5:47pm
MattsworknameIt did, I found the idea of exploring a world at it's end, exploring the abandoned city of a disappeared alien race and the planets various knooks and crannies intriqued me.08/01/2015 - 5:46pm
Andrew EisenDid it appeal to you? If so, what did you find appealing?08/01/2015 - 5:43pm
MattsworknameIts an interesting concept, but it's not gonna appeal to everyone thats for sure,08/01/2015 - 5:40pm
Andrew EisenThat sounds horrifically boring. Doesn't sound like an interesting use of its time dilation premise either. 08/01/2015 - 5:36pm
Mattsworknamean observer , seeing this sorta frozen world and being able to explore without any restriction other then time. no enimes, no threats, just the chance to explore08/01/2015 - 5:34pm
MattsworknameAndrew: I meant lifeless planet, Time frame is an exploration game. Your dropped onto a world which is gonna be hit by a metor in 10 seconds, but due to time dilation ,you actually have ten minutes, so you can explore the world, in it's last moments, as08/01/2015 - 5:32pm
Andrew EisenLP is 20, TF is 8 and has an old build available as a demo.08/01/2015 - 5:32pm
MattsworknameLast I checked zip, Lifeless planet was 10 bucks on steam I think08/01/2015 - 5:29pm
Andrew EisenMatt - Which one? Time Frame? How exactly does that play? What exactly do you DO in that one?08/01/2015 - 5:29pm
Andrew EisenZip - Neither game is above $20.08/01/2015 - 5:28pm
Mattsworknamefinished it, great game all the same.08/01/2015 - 5:22pm
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ZippyDSMleeNo demo makes me not want to buy until its 10-20$ ><08/01/2015 - 5:21pm
Andrew EisenAh, yes. Lifeless Planet has a much better trailer. Tells me a bit about the game, its story and how it plays. Novel! http://store.steampowered.com/app/261530/08/01/2015 - 5:19pm
MattsworknameOn the same vien, another great exploration game is Lifeless planet. but that one has an actuall story, and real gameplay08/01/2015 - 5:16pm
MattsworknameDoc: I think it's the other way around, I think gamergate only really coalesed when a larger discussion on issues started. The Jerks and asshats just sorta got swept along with the tide.08/01/2015 - 5:13pm
MattsworknameYour not wrong andrew, the trailer doesn't explain much ,I had to play it to understand what made it unique08/01/2015 - 5:12pm
 

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