November 19, 2010

SO W AND THE UR ALREADY UPDATED IT:

Searching Your Laptop (NY Times, 11/15/10)

Federal courts have long agreed that federal agents guarding the borders do not need a warrant or probable cause to search a traveler’s belongings. That exception to the Fourth Amendment needs updating and tightening to reflect the realities of the digital age. [...]

The George W. Bush administration first authorized border agents to seize and view the contents of laptops, smartphones, and other devices and copy and share data with other government agencies without need for any individualized suspicion of wrongdoing.

The Obama administration has tweaked the policy, requiring approval from supervisors to hold a seized device for more than five days, for example. The fundamental flaw remains: it permits the government to engage in indiscriminate and invasive fishing expeditions.


Do they just not understand their own editorial?

Posted by Orrin Judd at November 19, 2010 5:57 AM
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