A couple of years ago, Michael T. Arnold landed at the Los Angeles International Airport after a 20-hour flight from the Philippines. He had his laptop with him, and a customs officer took a look at what was on his hard drive. Clicking on folders called ‘Kodak pictures’ and ‘Kodak memories,’ the officer found child pornography. The search was not unusual: the government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer’s hard drive, the government says, is no different than looking through a suitcase. One federal appeals court has agreed, and a second seems ready to follow suit. There is one lonely voice on the other side. In 2006, Judge Dean D. Pregerson of Federal District Court in Los Angeles suppressed the evidence against Mr. Arnold. ‘Electronic storage devices function as an extension of our own memory,’ Judge Pregerson wrote, in explaining why the government should not be allowed to inspect them without cause. ‘They are capable of storing our thoughts, ranging from the most whimsical to the most profound.’ Computer hard […]
Tuesday, January 8th, 2008
If Your Hard Drive Could Testify …
Author: ADAM LIPTAK
Source: The New York Times
Publication Date: 7-Jan-08
Link: If Your Hard Drive Could Testify …
Source: The New York Times
Publication Date: 7-Jan-08
Link: If Your Hard Drive Could Testify …
Stephan: You probably didn't even know that because of the Bush Administration's rape of our privacy laws, when you return to the U.S. from travelling abroad anything on your laptop is open to examination by Federal agents. An SR reader tipped me off to this - I certainly didn't know about it - telling me a story of how, returning from Spain, he had some nudes of his wife on his laptop, and these became a subject of much interest by INS agents, as she stood on the other side of the barrier waiting for him. He said it was the most embarrassing experience he had ever been through, particularly when one of the agents followed him out, and saw him kissing her hello and clearly, and obviously, recognized her from her photos.