DHS: Laptop Border Searches Are Bad... Except When We Do It

from the that-may-change-soon dept

The Department of Homeland Security has been actively (though with really weak arguments) defending its policy of searching laptops at the border, even without probable cause. Yet, at the very same time that it was staunchly defending the policy and refusing to testify in front of Congress over it, it was also issuing a report warning international travelers not to take laptops, since foreign governments often search them. You see, when foreign governments do it, it's evil espionage. But when we do it, it's for our own security:

"Foreign governments routinely target the computers and other electronic devices and media carried by U.S. corporate and government personnel traveling abroad to gather economic, military, and political information."

Either way, it looks like DHS's own freedom to search laptops without probable cause may soon get curtailed. The Senate has been making noise for a while about introducing a bill to reign in the laptop searches, and Rep. Loretta Sanchez introduced some legislation in the House last week that would establish clear rules, compared to the anything goes policy currently in existence. Kind of sad that we need special legislation to make it clear that the 4th Amendment should apply at the border, but such is life these days.

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Court Says Your Mobile Phone's Location Data Protected By The 4th Amendment

from the for-now... dept

There's been quite an attack on the 4th Amendment's requirement for "probable cause" for gov't searches. For instance, the Justice Department is asking Congress to scale back what "probable cause" applies to, while other law enforcement officials have found clever tricks for getting around it by doing things like subpoenaing third party data providers -- like your mobile phone provider -- to get info on you without having to show probable cause.

However, a court today pushed back, noting that your mobile phone location data is protected under the 4th Amendment, and law enforcement should need to show probable cause before getting a warrant to obtain that info from your mobile phone provider. This is definitely a big win for those who believe in the 4th Amendment, though it will probably only last until Congress changes the law, as per requested, to allow law enforcement to ignore probable cause. Then we'll have a constitutional legal battle to watch, but it will take years to resolve.

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GPS Device Data Increasingly Being Used By Police To Determine Where You Were

from the privacy-schmivacy dept

Late last years, the news broke that law enforcement officials had figured out a neat little loophole to obtain location data on you without having to seek a warrant on you using the probable cause standard. Instead, they're seeking warrants not on the individual, but on the companies that may have data on your location, which only requires a magistrate judge's approval, and no showing of probable cause. So, how is this playing out? Well, reader JB points us to the news of a sudden growth in lawsuits where police are using data from GPS units to help convict people based on their location at the time of the crime. Since the police can get that data directly from the company without needing to show probable cause, it's much easier for them to get the data to convict people or push them into plea bargaining. So, while those turn-by-turn directions may be useful, recognize that they may also be used by the police against you in court.

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FBI Asks Congress To Ignore The Whole 'Probable Cause' Part Of The 4th Amendment

from the probable-cause-is-so-last-millennium dept

So, in case you haven't been paying attention, the text of the 4th Amendment of the US Constitution reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Pretty straightforward and reasonable, right? Except we've seen an awful lot of erosion of that recently, what with Congress's decision to allow warrantless wiretaps and the Department of Homeland Security insisting that probable cause isn't needed to search your laptops at the border. Well, if it's not needed at the border, why is it needed at all?

At least that seems to be the theory being pushed by the Attorney General, who is asking Congress to approve a plan that would let the FBI begin an investigation and surveillance on someone without probable cause -- actually "without any reasonable basis" at all. That would seem to be in direct violation of the 4th Amendment, but apparently, ignoring the 4th Amendment is all the rage in Washington DC these days.

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