Visiting Australia? Make Sure You Tell The Customs Officials About The Porn On Your Hard Drive

from the perhaps-I'll-visit-new-zealand-instead... dept

We've discussed, a few times, the issues with border patrol/customs officials in the US searching laptops at the border. The reason it doesn't make much sense is that the purpose of border patrol is to make sure nothing bad gets into a country, but the content on your laptop can easily get into the country via the internet, rather than at the border. And even bigger concern, of course, is that people store everything on their laptops. If you're packing your suitcase for a trip somewhere, you pack only the things you want to take. Everything you bring is effectively "opt-in." However, on your laptop, you already have everything. If anything, you might (though I doubt many people do) delete some stuff to avoid having it searched. In other words, unlike your suitcase, the data on your laptop is more of an "opt-out" situation.

Well, it appears that down in Australia, they've taken border laptop concerns to a new and ridiculous level. Slashdot points us to claims for Australian officials that travelers entering Australia should have to declare all porn on their laptops. After some public outcry, that original claim was downgraded to "all illegal porn," but as some people are still pointing out, it's not at all clear what constitutes "illegal porn" in Australia, and it's a violation of privacy to demand that travelers reveal their laptop porn. Again, I'm at a loss as to how this actually helps with anything. It's not like having people declare it at the border will do anything to stop "illegal" porn. It just seems like an easy way to have something else to hold over people.

Filed Under: australia, border patrol, customs, porn, tourism

Judge Says DHS Can't Hang Onto Travelers Laptops To Search Much Later Without A Warrant

from the a-bit-of-good-news dept

We just had a story about a court ruling saying that it was okay for customs agents to take a laptop away and search it somewhere else if they had reasonable suspicion. This has followed a string of controversial court decisions, which say there are no 4th amendment rights against unreasonable search and seizure at the border. On top of that, the Department of Homeland Security has made it pretty clear that it feels it can do whatever it wants at the border.

However, there may be some limits. Another recent court ruling has told Homeland Security that it cannot seize a laptop, hang onto it indefinitely and do searches on it many months later without a warrant. It's not entirely clear where the line lies here. The court basically says that earlier searches of the same laptop were fine, but there was no reason to hold onto it for so many months and then do another search.

Filed Under: 4th amendment, border, customs, laptops, privacy, searches, warrants

Why Should Customs Officers Be Determining What Counts As A Copyright Circumvention Device?

from the border-patrol dept

Some of the earliest fears around ACTA concerned some of the earliest draft suggestions, that would increase the power of border patrol/customs officials to look for infringement at the border, including the possibility of searching your laptop or iPod for infringing content. While those provisions mostly seemed to drop out in the negotiations, it doesn't mean that there aren't still efforts to get closer to that sort of system. Mart Kuhn, at Public Knowledge, has an interesting post, looking at a bill in the Senate that would give customs the authority to determine if things crossing the border were "circumvention devices" as prohibited by the DMCA. Of course, as the article notes, determining what is and what is not a circumvention device is not particularly easy -- as various lawsuits have demonstrated. So it's quite questionable as to why anyone thinks border patrol agents should be involved in that process at all.

But a bigger issue is the same one at the heart of the debate over whether or not customs officials should have the right to search your laptop at the border. If the point of border patrol/customs is to prevent bad things from getting into the country, it's pretty ridiculous to try to prevent software at the border, because that software has already totally crossed over the border via the still mostly borderless internet. So this whole thing seems like a charade to look for more ways to take away basic privacy rights in favor of an entertainment industry that is so afraid someone might infringe that it doesn't realize trying to stop circumvention at the border won't do anything other than cause serious hassles for legitimate travelers.

Filed Under: border patrol, circumvention, copyright, customs

Dear Australia: Software Knows No Borders

from the yeah,-that'll-work dept

Ross Lazarus points us to the rather surprising news that an increasing number of Sun MySQL employees have been barred from entering Australia on short-term business visas, due to the worry that they'll somehow "compete" with local businesses. There certainly may be more to this story, but on the face of it, it seems pretty ridiculous. Preventing employees of a certain company from entering your country may (barely) have made sense in the past and in some specific industries, but with software on today's internet, it's positively laughable. Somehow I doubt that the "local" Australian database developer community is resting easier thanks to their country's border patrol safely keeping MySQL employees abroad.

Filed Under: australia, customs, mysql, open source software
Companies: sun

American Citizen Detained At Border Due To Drawing Of An SUV

from the think-how-much-worse-it-could-be dept

If you want to understand why we're so troubled by the ACTA treaty that many nations are working on in secret, we just need to look at a story highlighted recently at Boing Boing about an American woman who was detained for a while at the US-Canadian border because she had a drawing of an SUV. The customs officials accused her of being an industrial spy and copyright infringer. In actuality, she's a professor and artist, who was doing an art project involving an SUV.

Of course, what the ACTA treaty would do is give customs officials and border guards even broader authority and a mandate to try to "stop copyright infringement" at the border. It would open people up to inspections for all sorts of things, from computers to personal devices -- and if you thought a random drawing could get someone detained before, just imagine what happens after ACTA is put in place.

The most ridiculous part, of course, is that this really has nothing to do with what the border patrol should be focused on: which is keeping dangerous people or things out of the country. Copyright infringement is meaningless at the border. Infringement happens across borders all the time online. Stopping it physically at the border makes no sense. If someone wants infringement to cross the border, they'll just send it online, rather than carry it on their body. And, until customs and border patrol starts scanning every IP packet at the border, it's a total waste of time and effort to ask border patrol officials to search for copyright infringement. It takes their energy and attention away from the real task at hand of keeping dangerous people out.

Filed Under: acta, border, border patrol, copyright, customs, drawing

Bills Introduced To Protect Laptops At Border Searches

from the restoring-the-4th-amendment dept

As was widely expected following earlier statements from politicians such as Russ Feingold, legislation has now been introduced that would curb Homeland Security's ability to randomly search laptops at the border, instead, requiring them to have a "reasonable suspicion" of illegal activity before they can search or copy a hard drive. This would be a huge step forward in terms of reasonable levels of privacy at the border. While defenders of the random search program claim that it's necessary, they give little proof. You can tell because their arguments could equally be applied to searching a random person on the street as well, as they just give vague platitudes about protecting the country from harm. Yet our country has privacy rights and probable cause for a very good reason. It's nice to actually see some politicians standing up to make sure that Homeland Security live up to those ideals.

Filed Under: border, customs, homeland security, laptops, russ feingold, searches

Homeland Security Continues To Expand Border Searches: Now Can Copy Your Paper-Based Documents

from the probable-cause-is-so-last-millennium dept

We've been covering the stories of how the Department of Homeland Security has a policy in place that lets it search and copy the contents of your laptop as you cross the border without any probable cause. DHS's reasoning for why it needs this power are not particularly convincing -- focusing mainly on scare mongering rather than rational argument. Now, the EFF has discovered, thanks to a Freedom of Information Act request, that it's not just computer data that DHS wants to copy. Last year, it quietly changed its policies to allow customs and border guards to read and copy any personal papers the traveler has, even without "reasonable suspicion" or "probable cause." Compared to searching through and copying your hard drive, this may seem like a minor deal, but it's yet another example of DHS expanding its authority in ways that are very likely to be abused.

Filed Under: border patrol, customs, homeland security, personal documents

More Trade Show Booths Raided By Customs Over Patents

from the this-makes-no-sense dept

Earlier this year, we wrote about how a patent holding firm, by the name Sisvel, had German customs officials raid the trade show booths of certain CeBit exhibitors, having all their goods confiscated. At the time, someone in the comments noted that this is a recurring theme in Germany, as certain patent hoarders "target trade show exhibitors and demand what amounts to protection money to avoid being raided by the police in the middle of the show." The companies just complain to customs, and get officials to raid the trade show booths in the middle of the show, even if the patents are bogus or don't even apply to the goods on display. It seems like a huge protection racket.

And, of course, it's happened again. Slashdot points us to the news that the booths of 69 companies at a tech trade show were raided by customs officials last week.

What's still not clear is how this possibly could make sense? While German patent law apparently allows this, it's hard to fathom why. Simply displaying a product, even if it infringes on someone's patent, hardly seems like a reason to send in customs officials to confiscate the device. I can maybe understand suing -- and even possibly suing for an injunction against selling the product -- but getting customs to completely confiscate the products and shut down the trade show booth simply doesn't make any sense, and clearly opens up the system to widespread abuse.

Filed Under: customs, germany, patents, trade shows
Companies: sisvel

Feingold Points Out That DHS's Chertoff Is Misleading On Border Laptop Searches

from the reasonable-cause? dept

Following the release of Homeland Security's policies for searching laptops at the border, where the rules are, effectively, "anything goes," DHS boss Michael Chertoff claimed that laptop searches were only done when the border guard had a "suspicion" and placed that individual in "secondary inspection." However, Senator Russ Feingold has now hit back, pointing out that the official DHS policies say absolutely nothing about there needing to be a suspicion or that laptop searches only happen on secondary inspection. If Chertoff were being honest, why wouldn't those things be in the official policy? And, if Chertoff insists that DHS will only do searches when there is a real suspicion, what's wrong with following the "probable cause" standard that it insists it should be allowed to ignore? It's nice to see Senator Feingold asking these questions.

Filed Under: border searches, customs, homeland security, laptops, michael chertoff, russ feingold, senate

Will DHS Border Search Logic Be Used To Allow Gov't Screening Of All Internet Traffic?

from the bad-potential-precedent dept

We've already explained how ridiculous it is for DHS to say that border patrol agents need to search laptops to prevent dangerous information from getting into the country. Obviously, if that was the intent of the individual, they'd just send the info electronically and not have to deal with any customs agents. Slashdot points us to a blog post by Steven M. Bellovin where he takes that same thought and flips it on its head, noting that, based on the DHS's statements, DHS may believe that it also has the right to scan any data entering or leaving the country. On top of that, he points out that this could potentially mean that if you encrypt that data you send over a border (say, via a VPN), you could potentially be violating laws that bans "hiding" goods that you send over the border. While the courts have not at all ruled in this way, you could pretty easily see the government making this sort of case.

Filed Under: border searches, customs, data transfer, laptops