8.01.2008

the truest freedom is having no rights at all, I guess

"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."

Hey, guess who officially doesn't have any 4th Amendment protection anymore? You, citizen, if you're crossing the border into the United States.

The Washington Post has revealed that it is Department of Homeland Security policy that their border agents may seize, "absent individualized suspicion", "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.'"

Additionally, the DHS reserves the right to "share copies of [the data] with other agencies and private entities for language translation, data decryption or other reasons". Also, they can hold on to your belongings as long as they desire... most likely just enough time to grab all those nude photos you took of your girlfriend during your vacation to the French Riviera that you thought you'd so cleverly stashed in that hidden directory.

All joking aside, though, this is unbelievably outrageous. Having your laptop (or, remember, "any device capable of storing information in digital or analog form,") seized indefinitely to be scoured, copied, shared and sifted for any hint of wrongdoing (or wrongthinking, one must assume) "absent individualized suspicion" is not only the definition of unreasonable search and seizure, it is blatant tyranny.

Have a nice trip, citizen.