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	<title>Comments on: US Border Laptop Search Policies Are Scary</title>
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	<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/</link>
	<description>The personal web site of Brendon J. Wilson, a software developer, technologist, and entrepreneur living in Vancouver, British Columbia, Canada.</description>
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		<title>By: Nick</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-214738</link>
		<dc:creator>Nick</dc:creator>
		<pubDate>Thu, 30 Apr 2009 07:56:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-214738</guid>
		<description>Since I knew about all this stuff I don`t keep any confidential information at laptop. I keep it at my home PC and connect from my laptop after customs. It works. If interested in details, visit http://remote-access-software.net/security/reflections-about-cbp-and-remote-access.html</description>
		<content:encoded><![CDATA[<p>Since I knew about all this stuff I don`t keep any confidential information at laptop. I keep it at my home PC and connect from my laptop after customs. It works. If interested in details, visit <a href="http://remote-access-software.net/security/reflections-about-cbp-and-remote-access.html" rel="nofollow">http://remote-access-software.net/security/reflections-about-cbp-and-remote-access.html</a></p>
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		<title>By: Justin Sellers</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-190269</link>
		<dc:creator>Justin Sellers</dc:creator>
		<pubDate>Sat, 20 Sep 2008 16:18:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-190269</guid>
		<description>I&#039;d like to make a slight change to my opinion above.  I performed some more research and found that the legislation is probably being presented by Sen. Feingold of Wisconsin, not Sen. Feinstein of California.</description>
		<content:encoded><![CDATA[<p>I&#8217;d like to make a slight change to my opinion above.  I performed some more research and found that the legislation is probably being presented by Sen. Feingold of Wisconsin, not Sen. Feinstein of California.</p>
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		<title>By: Justin Sellers</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-190267</link>
		<dc:creator>Justin Sellers</dc:creator>
		<pubDate>Sat, 20 Sep 2008 16:08:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-190267</guid>
		<description>What you wrote about Sen. Feinstein&#039;s bill is not exactly true. It is not reaffirming that the 4th Amendment applies at the border.  According to Supreme Court precedent since 1886, in Boyd v. United States, the reasonable suspicion standard does not apply to border officials.  That fact has been reaffirmed several times by the Court, such as in US v. Ramsey. The primary issue is whether searches are reasonable or unreasonable.  In Ramsey, Chief Justice Rehnquist of the Supreme Court stated: “searches made at the border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border.”  Unreasonable searches seem to be medical procedures, such as alimentary canal searches, for which the officers need a warrant, otherwise its fair game.  Under the policy which has existed and been expanded since Boyd, a customs official can stop and search you for a good reason, a bad reason, or no reason at all.  Sen. Feinstein&#039;s bill is an attempt to change that policy to enforce some reasonable suspicion before the individual can be searched.</description>
		<content:encoded><![CDATA[<p>What you wrote about Sen. Feinstein&#8217;s bill is not exactly true. It is not reaffirming that the 4th Amendment applies at the border.  According to Supreme Court precedent since 1886, in Boyd v. United States, the reasonable suspicion standard does not apply to border officials.  That fact has been reaffirmed several times by the Court, such as in US v. Ramsey. The primary issue is whether searches are reasonable or unreasonable.  In Ramsey, Chief Justice Rehnquist of the Supreme Court stated: “searches made at the border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border.”  Unreasonable searches seem to be medical procedures, such as alimentary canal searches, for which the officers need a warrant, otherwise its fair game.  Under the policy which has existed and been expanded since Boyd, a customs official can stop and search you for a good reason, a bad reason, or no reason at all.  Sen. Feinstein&#8217;s bill is an attempt to change that policy to enforce some reasonable suspicion before the individual can be searched.</p>
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		<title>By: Brendon J. Wilson</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-186320</link>
		<dc:creator>Brendon J. Wilson</dc:creator>
		<pubDate>Tue, 26 Aug 2008 14:50:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-186320</guid>
		<description>@William: Agreed there is a need for security in any situation where there are lots of people. Any public place with a high enough concentration of people is a likely terrorist target. Which means not only airplanes, but also trains (such as the high-speed link you mention), and even malls.

The point here is that the measures being taken rarely increase the security of the public. Restrictions on liquids are ridiculous, because liquid explosives are highly unstable. The &quot;no-fly&quot; terrorist watchlist is ridiculous, because it only stop a terrorist stupid enough to not use a fake ID. Even the ID checks are ridiculous, because you can say you forgot your ID, and they&#039;ll &quot;verify&quot; your identity on-site - so they only stop terrorists who aren&#039;t smart enough to know this in advance, and say they forgot their ID.

Searches of laptops are ridiculous because they create volumes of additional &quot;data&quot; for us to search through. Rather than concentrating on legitimate intelligence gathering, such as the type that actually caught the terrorists in London who were plotting to use a liquid explosive, we&#039;re focusing on security theater (to use Bruce Schneier&#039;s term).

I&#039;m all for security, don&#039;t get me wrong. But power is prone to abuse - I&#039;m only interested in measures that actually increase security while minimizing the impact to the privacy and civil liberties of law-abiding citizens. To allow anything else is to invite a slow descent into totalitarianism.</description>
		<content:encoded><![CDATA[<p>@William: Agreed there is a need for security in any situation where there are lots of people. Any public place with a high enough concentration of people is a likely terrorist target. Which means not only airplanes, but also trains (such as the high-speed link you mention), and even malls.</p>
<p>The point here is that the measures being taken rarely increase the security of the public. Restrictions on liquids are ridiculous, because liquid explosives are highly unstable. The &#8220;no-fly&#8221; terrorist watchlist is ridiculous, because it only stop a terrorist stupid enough to not use a fake ID. Even the ID checks are ridiculous, because you can say you forgot your ID, and they&#8217;ll &#8220;verify&#8221; your identity on-site &#8211; so they only stop terrorists who aren&#8217;t smart enough to know this in advance, and say they forgot their ID.</p>
<p>Searches of laptops are ridiculous because they create volumes of additional &#8220;data&#8221; for us to search through. Rather than concentrating on legitimate intelligence gathering, such as the type that actually caught the terrorists in London who were plotting to use a liquid explosive, we&#8217;re focusing on security theater (to use Bruce Schneier&#8217;s term).</p>
<p>I&#8217;m all for security, don&#8217;t get me wrong. But power is prone to abuse &#8211; I&#8217;m only interested in measures that actually increase security while minimizing the impact to the privacy and civil liberties of law-abiding citizens. To allow anything else is to invite a slow descent into totalitarianism.</p>
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		<title>By: William</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-186145</link>
		<dc:creator>William</dc:creator>
		<pubDate>Mon, 25 Aug 2008 18:00:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-186145</guid>
		<description>Brendon,

I realize that, yes, I am being technical.  And you are correct that similar laws could be enacted which would effectively restrict the use of other forms of transit to those willing to show ID.  The thing is, there are legitimate reasons for people to have concerns about aircraft security.  Even before the 2001 example, people hijacked airplanes and the situation didn&#039;t always end well.  Airport security has always been steps above security for other forms of transit.  (This is actually one of the drivers for proposals involving high speed rail links in Canada - you can get from X to Y for that meeting without security delays.)

I&#039;m far from intimately aware of all the security laws in Canada, let alone the US.  That said, there are both legitimate and perceived needs for a certain level of security.  In the longer term, people will get the level of security (with both the good and bad connotations of the word) that they vote for.</description>
		<content:encoded><![CDATA[<p>Brendon,</p>
<p>I realize that, yes, I am being technical.  And you are correct that similar laws could be enacted which would effectively restrict the use of other forms of transit to those willing to show ID.  The thing is, there are legitimate reasons for people to have concerns about aircraft security.  Even before the 2001 example, people hijacked airplanes and the situation didn&#8217;t always end well.  Airport security has always been steps above security for other forms of transit.  (This is actually one of the drivers for proposals involving high speed rail links in Canada &#8211; you can get from X to Y for that meeting without security delays.)</p>
<p>I&#8217;m far from intimately aware of all the security laws in Canada, let alone the US.  That said, there are both legitimate and perceived needs for a certain level of security.  In the longer term, people will get the level of security (with both the good and bad connotations of the word) that they vote for.</p>
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		<title>By: Brendon J. Wilson</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-185156</link>
		<dc:creator>Brendon J. Wilson</dc:creator>
		<pubDate>Wed, 20 Aug 2008 15:18:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-185156</guid>
		<description>Uh, wow. I&#039;m not even sure how to respond to that last comment.

Certainly these rules are antithetical to the idea of a free society. And yes, religious intolerance is, in part, already a major driver of the current security mindset.

However, I don&#039;t see the situation taking a 180-degree turn to become anti-Christian as you suggest. After all, most of the security agenda in the current US administration is being perpetuated by the neo-cons, a group with strong Christian values.

As for the end of times - well, the &lt;a href=&quot;http://www.cern.ch/lhc&quot; rel=&quot;nofollow&quot;&gt;Large Hadron Collider&lt;/a&gt; is due to be powered up on September 10th, so maybe you won&#039;t have to wait for long. ;-)</description>
		<content:encoded><![CDATA[<p>Uh, wow. I&#8217;m not even sure how to respond to that last comment.</p>
<p>Certainly these rules are antithetical to the idea of a free society. And yes, religious intolerance is, in part, already a major driver of the current security mindset.</p>
<p>However, I don&#8217;t see the situation taking a 180-degree turn to become anti-Christian as you suggest. After all, most of the security agenda in the current US administration is being perpetuated by the neo-cons, a group with strong Christian values.</p>
<p>As for the end of times &#8211; well, the <a href="http://www.cern.ch/lhc" rel="nofollow">Large Hadron Collider</a> is due to be powered up on September 10th, so maybe you won&#8217;t have to wait for long. <img src='http://www.brendonwilson.com/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Daniel Condurachi</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-185104</link>
		<dc:creator>Daniel Condurachi</dc:creator>
		<pubDate>Wed, 20 Aug 2008 07:23:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-185104</guid>
		<description>I totally disagree with those so called security laws. I am thinking their effect in a few years when antiChrist will be in charge al all. Us Christians will be sen as terrorists. So we will not be able to travel anywhere. There is only a step to implement this in malls, superstores and even small stores. You are allowed only if you show your ID. They scan it and see that you are a Christian and kill you. We are approaching the end of times.</description>
		<content:encoded><![CDATA[<p>I totally disagree with those so called security laws. I am thinking their effect in a few years when antiChrist will be in charge al all. Us Christians will be sen as terrorists. So we will not be able to travel anywhere. There is only a step to implement this in malls, superstores and even small stores. You are allowed only if you show your ID. They scan it and see that you are a Christian and kill you. We are approaching the end of times.</p>
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		<title>By: Brendon J. Wilson</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-183573</link>
		<dc:creator>Brendon J. Wilson</dc:creator>
		<pubDate>Thu, 07 Aug 2008 22:15:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-183573</guid>
		<description>@William: Sure, if you want to be technical about it. But that&#039;s a lot of what&#039;s wrong here - being literal to the point that it preserves the letter but not the spirit of the law. It&#039;s a practice at which US law-makers are getting a little too adept (along the same lines as &quot;it&#039;s not torture if we don&#039;t leave a mark!&quot;)

Taken to the logical conclusion, the same argument could be used to prevent you from gaining access to the train station, the bus terminal, the ferry pier, or ever the freeway.

&quot;Oh, you don&#039;t have to show me ID to travel sir – just to gain access to the &#039;secured freeway&#039;...&quot;</description>
		<content:encoded><![CDATA[<p>@William: Sure, if you want to be technical about it. But that&#8217;s a lot of what&#8217;s wrong here &#8211; being literal to the point that it preserves the letter but not the spirit of the law. It&#8217;s a practice at which US law-makers are getting a little too adept (along the same lines as &#8220;it&#8217;s not torture if we don&#8217;t leave a mark!&#8221;)</p>
<p>Taken to the logical conclusion, the same argument could be used to prevent you from gaining access to the train station, the bus terminal, the ferry pier, or ever the freeway.</p>
<p>&#8220;Oh, you don&#8217;t have to show me ID to travel sir – just to gain access to the &#8216;secured freeway&#8217;&#8230;&#8221;</p>
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		<title>By: William</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-183530</link>
		<dc:creator>William</dc:creator>
		<pubDate>Thu, 07 Aug 2008 15:23:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-183530</guid>
		<description>&quot;Recently, the TSA re-asserted its right to demand ID from passengers - but not to travel, merely to “enter the secure area of airports”. Riiiiight. We’re not denying your right to travel, merely your ability to enter the place you’d need to enter in order to exercise your right to travel.&quot;

Actually, to be technical, they are not impeding your ability to travel.  Travel all you want.  Walk, drive, take a train or a bus or  boat.  They are simply saying that if you want to go where you have access to aircraft you need to show ID.</description>
		<content:encoded><![CDATA[<p>&#8220;Recently, the TSA re-asserted its right to demand ID from passengers &#8211; but not to travel, merely to “enter the secure area of airports”. Riiiiight. We’re not denying your right to travel, merely your ability to enter the place you’d need to enter in order to exercise your right to travel.&#8221;</p>
<p>Actually, to be technical, they are not impeding your ability to travel.  Travel all you want.  Walk, drive, take a train or a bus or  boat.  They are simply saying that if you want to go where you have access to aircraft you need to show ID.</p>
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		<title>By: Brendon J. Wilson</title>
		<link>http://www.brendonwilson.com/blog/2008/08/01/us-border-laptop-search-are-scary/comment-page-1/#comment-183219</link>
		<dc:creator>Brendon J. Wilson</dc:creator>
		<pubDate>Wed, 06 Aug 2008 02:17:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.brendonwilson.com/?p=424#comment-183219</guid>
		<description>And, as if to prove my point: the TSA &lt;a href=&quot;http://feeds.feedburner.com/~r/boingboing/iBag/~3/356611037/laptop-with-data-abo.html&quot; rel=&quot;nofollow&quot;&gt;lost a laptop with 33K Clear Card applicants&#039; data on it&lt;/a&gt; today at SFO. Hurray! I feel much safer now.</description>
		<content:encoded><![CDATA[<p>And, as if to prove my point: the TSA <a href="http://feeds.feedburner.com/~r/boingboing/iBag/~3/356611037/laptop-with-data-abo.html" rel="nofollow">lost a laptop with 33K Clear Card applicants&#8217; data on it</a> today at SFO. Hurray! I feel much safer now.</p>
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