Judge: Americans can be forced to decrypt their laptops

[johnhp]

I can't find any information on the consequences of refusing to disclose a password to US Customs.

C_C frequently prevaricates.

[JC3.0]

Re: the main topic:  Judge: Americans can be forced to decrypt their laptops.

 This doesn't bode well for Mornac and his gay porn obsession.

[Case_Closed]

 This doesn't bode well for Mornac and his gay porn obsession.

It's been almost three weeks since your last post and this is the knee slapper you came up with?

You make me sad, sir.  Very sad.

[notoc]

Did you know that when you enter Canada with a laptop, they sometimes search the downloads to see if you have any pirated software, music, etc., and if they do, they confiscate it?

I assumed that's what US Customs had found on the majority of the electronics they are reported as having seized.

[notoc]

C_C frequently prevaricates.

I was responding to Doug's point that port's of entry into the US are not where folks are tried and/or incarcerated.

The article I linked to suggested that US Customs can and do demand that US citizens provide a password in order that officers could search otherwise hidden electronic data. I can't find any information as to the consequences of refusing to provide such information.

[johnhp]

I was responding to Doug's point that port's of entry into the US are not where folks are tried and/or incarcerated.

The article I linked to suggested that US Customs can and do demand that US citizens provide a password in order that officers could search otherwise hidden electronic data. I can't find any information as to the consequences of refusing to provide such information.

My mistake.  Though, my point remains concerning C_C.

[DougRich]

I'm advised that a foreign national can (and likely will) be refused entry based on such a refusal; an American citizen will probably "just" have the device confiscated.

I'm also told that your average customs agent would likely not be sufficiently tech-savvy to be able to detect an "encryption firewall", so as long as the laptop seemed to have enough accessable data on it, they wouldn't even be aware that there was stuff they weren't seeing.

[johnhp]

I'm advised that a foreign national can (and likely will) be refused entry based on such a refusal; an American citizen will probably "just" have the device confiscated.

I'm also told that your average customs agent would likely not be sufficiently tech-savvy to be able to detect an "encryption firewall", so as long as the laptop seemed to have enough accessable data on it, they wouldn't even be aware that there was stuff they weren't seeing.

Why wouldn't they just ask Mornac to show his gay porn?  He seems to share it freely enough on this message board?

[DougRich]

Why wouldn't they just ask Mornac to show his gay porn?  He seems to share it freely enough on this message board?

Apparently, child pornography is the biggest part of what the Customs people have managed to detect and confiscate, although - of course - their primary rationale for the searches, like everything else post-9/11, is that they're looking for indications of Terrorism.

[Observer]

I'm advised that a foreign national can (and likely will) be refused entry based on such a refusal; an American citizen will probably "just" have the device confiscated.

Whatever happened to the 4th Amendment?

I am curious about who coined the phrase "Constitution Free Zone". There is no such animal... not in THIS country. People need to understand that and stand up to those who would strip them of their rights.

[DougRich]

Whatever happened to the 4th Amendment?

I am curious about who coined the phrase "Constitution Free Zone". There is no such animal... not in THIS country. People need to understand that and stand up to those who would strip them of their rights.

You're preaching to the choir, brother. Nevertheless, the power of the State to inspect the contents of "containers" coming into the country is long established...and the argument could (and has) been made that the government's Constitutional duty to secure our borders implies - not unreasonably - the authority to open and examine what folks are bringing in. Just as there are unreasonable searches, you also have searches that are not unreasonable.

At the same time, if you put this woman from the story cited in the OP on the border, and a password was being demanded from her by Customs, I would say that she has every right to refuse to provide it to that agency as to local police, the FBI, or whomever.

As for the concept of some kind of "Constitution-free zone", I think that's definitely over-stating the situation by whoever coined that phrase. Obviously, someone coming into the country from overseas, American citizen or not, has placed themselves in a special position - one different from someone just walking down an American street - wherein what, in the latter case, might be considered an unreasonable search has become legally accepted. Someone who enlists in the Armed Forces has placed themselves in a legal situation where certain of their Constitutional protections do not apply; that doesn't justify calling an Army base a "Constitution-free zone". In other words, the rules about searches may be different - on the border, or on a military facility - but the Fifth Amendment, along with many other rights, remains intact.   

[johnhp]

Apparently, child pornography is the biggest part of what the Customs people have managed to detect and confiscate, although - of course - their primary rationale for the searches, like everything else post-9/11, is that they're looking for indications of Terrorism.

So, they are looking for BoffLaden's love letters about bin Laden?

[notoc]

I'm advised that a foreign national can (and likely will) be refused entry based on such a refusal; an American citizen will probably "just" have the device confiscated.

I'm also told that your average customs agent would likely not be sufficiently tech-savvy to be able to detect an "encryption firewall", so as long as the laptop seemed to have enough accessable data on it, they wouldn't even be aware that there was stuff they weren't seeing.

As long as the request to provide a password, so that the official can gain access to the device, is complied with.