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This is a guest post by Hugh Handeyside, Senior Staff Attorney, ACLU National Security Project, Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy, and Technology Project, and Esha Bhandari, Staff Attorney, ACLU Speech, Privacy, and Technology Project. It was originally posted on the ACLU Speak Freely blog.
In September 2017, we, along with the Electronic Frontier Foundation, sued the federal government for its warrantless and suspicionless searches of phones and laptops at airports and other U.S. ports of entry.
The government immediately tried to dismiss our case, arguing that the First and Fourth Amendments do not protect against such searches. But the court ruled that our clients — 10 U.S. citizens and one lawful permanent resident whose phones and laptops were searched while returning to the United States — could move forward with their claims.
Since then, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have had to turn over documents and evidence about why and how they conduct warrantless and suspicionless searches of electronic devices at the border. And their officials have had to sit down with us to explain — under oath — their policies and practices governing such warrantless searches.
What we learned is alarming, and we're now back in court with this new evidence asking the judge to skip trial altogether and rule for our clients.
(Score: 4, Informative) by Anonymous Coward on Thursday May 02 2019, @04:06PM (12 children)
Trump is just the latest little Hitler. CBP, ICE and various other TLAs were just as evil and law-breaking under previous administrations. They just seem to get worse with each change in leadership.
(Score: 5, Insightful) by PinkyGigglebrain on Thursday May 02 2019, @04:27PM (11 children)
I was going to post the same point, then I noticed that your very accurate prior comment had been moded -1Troll.
Its sad how some people always try to bury a truth if it makes the leaders they espouse look bad. Trump, Obama, Bush Jr., Clinton and those before them. The fact is that individual rights have been continually and slowly eroded for a very long time by the US government.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 3, Insightful) by Nerdfest on Thursday May 02 2019, @05:26PM (10 children)
The CIA and NSA have definitely been assholes in the past, but generally out of a "end justifies the means" sort of thing (but probably not). Right now though, they're not on Trump's side. He's loud and stupid, pretty much the antithesis of their organizations. Organizations will tend to support policies that support them. CPB, DHS, ICE ... xenophobia, nationalism, and racism run deep in them and the current President is pretty much the second coming to many of them.
Pro tip: Think of the mindset of the average TSA inspector or border guard.
(Score: 1, Interesting) by Anonymous Coward on Thursday May 02 2019, @05:40PM (4 children)
You are polluting this thread with your nonsense. The NSA is "not on Trump's side"? The NSA has been investigating the illegal use of FISA courts throughout 2012-2016 to influence the 2016 elections. It was the head of the NSA who told Trump his offices were bugged.
https://www.npr.org/2016/11/22/502980006/reports-suggest-nsa-director-mike-rogers-is-on-his-way-out [npr.org]
(Score: 1, Informative) by Anonymous Coward on Thursday May 02 2019, @06:41PM (3 children)
"The CIA and NSA have definitely been assholes in the past, but generally out of a "end justifies the means" sort of thing (but probably not). Right now though, they're not on Trump's side."
(Score: 0) by Anonymous Coward on Thursday May 02 2019, @07:24PM
The NSA clearly is "on Trump's side", so what are you trying to say? There is clearly a divide in the deep state between the military (eg, NSA) and civilian (eg, CIA, FBI, DOJ) intelligence agencies. If you haven't noticed this you haven't been paying attention.
(Score: 2) by PinkyGigglebrain on Thursday May 02 2019, @07:28PM (1 child)
probably because he is attracting too much attention to himself, and by extension what the rest of the government has been doing.
Most TLAs prefer to work from the shadows.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 1, Informative) by Anonymous Coward on Thursday May 02 2019, @07:41PM
You are agreeing with and coming up with explanations for a false statement... https://www.theepochtimes.com/nsa-director-rogers-disclosed-fisa-abuse-days-after-carter-page-fisa-was-issued_2692033.html [theepochtimes.com]
(Score: 0) by Anonymous Coward on Thursday May 02 2019, @06:20PM (3 children)
Another Pro tip: the average TSA inspector is thinking "at least I have a job".
You're welcome.
(Score: 4, Interesting) by bob_super on Thursday May 02 2019, @07:22PM (2 children)
Yup. Most TSA agents are just in for the low-qualifications job. They get told to pat grannies for security theater, they do that. I don't know that any of them expects to catch anything else than distracted hunters... Don't get caught missing something obvious, enjoy the paycheck.
Border guards are apprehending law-breaking people on a daily basis. They deal with dangerous smugglers, and they deal with poor, often exhausted, people hoping for a better life. It's stressful, it can be deadly, it's rewarding when you catch bad guys, it's ambiguous when you catch desperate people, and it's horrible when you find dead people.
Let's not equate those two jobs. They are nothing alike, beyond the "protect you" propaganda.
(Score: 5, Informative) by urza9814 on Thursday May 02 2019, @08:31PM (1 child)
FTFY. See page 20 for that particular citation...although the entire report might be worth a read:
https://www.amnestyusa.org/reports/usa-jailed-without-justice/ [amnestyusa.org]
And for those complaining about Trump...that particular incident comes from a 2008 hearing before the House of Representatives. ICE has been an atrocious law-defying travesty since the day it was created.
(Score: 3, Insightful) by deimtee on Thursday May 02 2019, @11:56PM
Don't forget civil forfeiture. If you have more than (n * Albedo) dollars in your pocket you are obviously buying drugs and they will take your money. Very profitable.
If you cough while drinking cheap red wine it really cleans out your sinuses.
(Score: 3, Interesting) by edIII on Friday May 03 2019, @07:58PM
Ummm, you may want to back off the TSA just a little. Having life-long friends in the TSA I can tell you the average mindset is that they don't really give a shit. You think they're happy about cupping my balls? No. They're not interested in violating people's privacy, but just doing the damn job to get their slave wage.
Maybe higher up in the TSA you have an anti-privacy mindset, but the average TSA worker in the terminals is just trying to get through the shift without an incident that spreads across viral media.
TSA isn't nearly the same as ICE and BP. For instance, my buddy isn't armed, nor does he have the authority to detain anyone, or shove his hand up their butts. Anytime there is a problem, somebody from local police is on site to take over. It's not the TSA rooting in your colon, but a local cop.
Technically, lunchtime is at any moment. It's just a wave function.