[pp.int.general] Serious privacy breach -'legal' breach- at US Airports

[Ray Jenson]

Carlos Ayala wrote:
> ¿how long will it take for that system to be used at EU airports?
> 
> http://www.eff.org/press/archives/2008/02/07
> 
> EFF and Asian Law Caucus filed a sue against these procedures, today
> against the U.S. Department of Homeland Security (DHS) for denying
> access to public records on the questioning and searches of travelers at
> U.S. borders.

Questioning is one thing, the searches are entirely another. They're
actually something I'm trying to build a small lobby for over here, but
so far it's not been terribly successful.

In the United States laws, there are two terms. One is "perusal" and the
other is "search". Perusal is a casual look at things to ensure that
it's not obviously law-breaking materials. Search is entirely different,
and is considered invasive if they don't have a probable cause. Thus,
you have to be "probably a terrorist" for it to legally stand up if
fought in court. However, if you are not from the US, then they can bar
you entry. See below. :-)

> Actually in EU airports -I experienced it recently both in Schönefeld
> and Barajas- you are forced to put under the scanner scrutiny your belt,
> hand luggage, photo cameras, laptops, etc ... though at least in EU
> airports you are not forced to turn the laptop on. However, in USA
> actually you are, US Customs officers are legally allowed to force you
> to give them your passwords to allow them to check your laptop contents.
> And even they keep records of certain contents.

Actually, this has been fought in at least two cases, and I have to
wonder if this isn't something that could be struck down. For US
citizens, it actually falls under our Constitutional Fifth-Amendment
protections against self-incrimination. Also, US law demands that they
have some reasonable justification (called "probable cause") for the
searches. Under the Bush administration, it's all been dumped under the
heading "anti-terrorism" though there is no evidence whatsoever that any
terrorist threat has ever been thwarted by checking the contents of
cellular telephones or laptops. And heaven forbid you ever know anyone
who might be a terrorist without your knowledge!

Additionally, there is a belief that this may be targeted against
minorities, such as those of Arabic descent or belief, as well as those
of Asian heritage (and especially Chinese), although the vast majority
of Muslims don't really subscribe to the idea that violent resolution is
the answer. The word for their religion, "al-Islam" means that it's a
way of peace.

> "In addition, customs agents examined travelers' books, business cards
> collected from friends and colleagues, handwritten notes, personal
> photos, laptop computer files, and cell phone directories, and sometimes
> made copies of this information. When individuals complained, they were
> told, "This is the border, and you have no rights.""

The answer to this is: "If I have no rights, then you have no
jurisdiction. Either I have rights and you have legal jurisdiction, or
you have no jurisdiction because I have no rights."

Such resistance is likely to be taken badly at first, but if enough
people offer nonviolent resistance in this way (again, education about
US law structure is vital), then it will ultimately be forced to be put
to the legal question.

I fully intend to make trouble in this regard during my trip to Sweden
if I'm stopped. That is, if I'm able to afford to go in the first place.
I plan to take several USB keys which would be filled with encrypted
voter records, personal information that nobody but me needs to have,
but which gives me a reference to construct data with on my own laptop
if I need to; I plan on having a GPG-encrypted Linux laptop which has
much of my personal correspondence on it; I plan to have a mobile
telephone with nothing more than a long list of politicians, lawyers,
and party members (in one case, all three) in it (more for baiting than
for actual purposeful use); and I plan to have encrypted files stored on
the telephone which contain circuit data which potentially damns the
practice of invading. It's legal trouble they will not have known
before, and it will be good justification for ridding ourselves of the
ugly trend of suppressing individual freedoms in the name of
counterterrorism that isn't working anyway.

I sincerely hope they stop me if I can go. :-)

> Ok then which is the message? "You are not welcomed anymore" instead of
> "Welcome to the USA"? I mean, maybe US Pirate Party some day in the
> future will invite us to have an international meeting in the USA ...
> will we be forced to surrender our intimacy and allow US Customs
> officers to check and even copy our laptop contents? Will happen the
> same if some day we become euro-MPs and have to make officlal trips to
> USA due to political agenda? If we have to we'll go anyway, but such
> measures are more and more far from what I would call a warm welcome.

The message is: "We're going to do everything in our power to make sure
you're not a terrorist, and to ensure that everyone is made to
understand that we're really in charge of everything."

And you know, those Canadian terrorists are really a threat. I heard
they stopped a young lady from taking a heart monitor over the border
because it might have been bomb-making materials and they had to ensure
that it didn't actually contain vast amounts of hidden data.

Seriously, this is one of the things we've taken up, but it's a matter
of getting the word out.

> The most dangerous thing for US citizens is that this is actually
> happening; the most dangerous thing for EU citizens is that -you know
> our lovely euro-MPs and European Comission representatives- such model
> would may be copied soon. We should be aware, as well as wishing luck to
> ALC and EFF in their judicial fight. Regards

Let's hope this duplication doesn't come before we can successfully
remove it. We're constantly hammering the idea of countering terrorism,
but I think the real rationale is lost on those who try to maintain
their power and control.

A couple of URL's to arm people with:

http://www.cbsnews.com/stories/2008/02/07/tech/main3804858.shtml?source=RSSattr=HOME_3804858
http://www.washingtonpost.com/wp-dyn/content/article/2008/01/15/AR2008011503663.html
http://www.news.com/8301-13578_3-9834495-38.html

And if anyone plans on coming to the US, let me know, specifically. I
actually have someone I can call to place pressure on the DHS border
guards, since you'd be invited guests and not terrorists.

Just leave the explosive that everyone outside the US keeps in their
pockets at home, okay?

Ray Jenson
Operations Officer
Pirate Party of the United States

-- 
"It is the duty of every citizen according to his best capacities to
give validity to his convictions in political affairs."

"Laws alone can not secure freedom of expression; in order that every
man present his views without penalty there must be spirit of tolerance
in the entire population."

                           --both quotes by Albert Einstein