Interesting People mailing list archives

re Good Read FBI avoids warrant by having TSA search computer at airport


From: Dave Farber <dfarber () me com>
Date: Thu, 22 Apr 2010 13:04:26 -0400





Begin forwarded message:

From: Tom Cross <tom () memestreams net>
Date: April 22, 2010 8:59:58 AM EDT
To: dave () farber net
Cc: ip <ip () v2 listbox com>, spaf () cerias purdue edu
Subject: Re: [IP] re Good Read FBI avoids warrant by having TSA search computer at airport


A difference of degree can be a difference in kind. Performing a detailed analysis of a large archive of someone's 
thoughts and personal correspondence over the course of several days in search of any evidence of law breaking is a 
far cry from merely opening their luggage. The mission and the privacy impact have expanded significantly - largely 
as a consequence of an accident of technological change rather than a deliberate policy choice.

As Jay Stanley mentioned, in the US "reasonable suspicion" must be established before intrusive searches like "body 
cavity searches" are performed. I think that same rule should be applied to laptop searches. It would prevent them 
from occurring at random or per a quota.

The reason I'm focused on US policy is because I'm a US citizen. I understand how the US legal system works, and I 
have a right to an opinion about it. Certainly when traveling outside the United States one has to consider the 
political system of the destination country, but I do, in fact, hope that most free countries will ultimately 
conclude that suspicionless laptop searches go too far.

Unfortunately, that is not the case today. Canadian customs, for example, recently searched U.S. Journalist Amy 
Goodman's laptop with the overt intent of determining what she was planning to write about the winter olympics. 
Fortunately, I think that progress on this front in the U.S. will influence a similar dialog that is happening in 
Canada. [1]

[1] http://boingboing.net/2010/02/09/canadian-customs-ref.html

On Apr 21, 2010, at 12:43 PM, David Farber wrote:



Begin forwarded message:

From: Gene Spafford <spaf () cerias purdue edu>
Date: April 19, 2010 4:53:37 PM EDT
To: dave () farber net
Cc: "ip" <ip () v2 listbox com>
Subject: Re: [IP] Good Read FBI avoids warrant by having TSA search computer at airport

Every country asserts that its agents have the right to inspect items coming across their borders.   The US is not 
different.   Furthermore, they may perform a "deep" inspection of your papers and luggage.

So why do people think that laptops should somehow be "special"?   If they can look at your papers, take apart your 
suitcase, and even perform a body cavity search before you enter the country, what makes those files on disk so 
special?   And they may do the same in France, China, Brazil, Australia, Uganda, Israel,  and.... so why single out 
the US?






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