Originally Posted by bdschobel
I imagine that people who indulge in child porn protect it reasonably well.
Many do not.
Originally Posted by PatrickHenry1775
As an attorney, I have some concerns about TSA searching documents and possibly waiving attorney-client privileged status of the documents. Any thoughts?
As an attorney, you undoubtedly know that a CBP search at the "functional equivalent of a border" is almost unlimited, while a TSA search is not. In either case, one would want to summon a supervisor -- someone chime in about the levels of TSA officer supervision -- and be sure to explain everything and document everything, including names. You might want to generally tell them about attorney-client files. It would be good to have documentation of your assertions, such as business cards, bar cards, copies of law degree, etc.
Keep in mind that it may be malpractice not to install password protection on a laptop and individual files within the laptop, lest it be stolen. As for waiver, presuming no further disclosure (by government LEOs) occurs, how would an opposing party know of the putative waiver? I don't think that is much of a concern.
Originally Posted by PTravel
What is "CBP"? Are you talking about a country other than the U.S.?
Are you an actual frequent flyer?
Originally Posted by GUWonder
CBP is Customs and Border Patrol part of DHS.
To be more precise, it is the Department of Homeland Security, Bureau of
Customs and
Border
Protection.
Originally Posted by Kremmen
If that is true, why is it the case? Someone inept (or malicious) could do massive damage to data without ones knowledge. They could do so even if you were watching, but knowing what needs to be fixed/recovered from backup would reduce the hassle factor enormously.
Because it is the "functional equivalent of a border." These are the agents of the sovereign you are talking about. At common law, the King could do no wrong. Modernly, you have various grievance procedures available in the very unlikely event of malice, or more common likelihood of incompetence. That is why it pays to be polite to these guys, and express your concerns in a manner that even dolts can understand.
Smart move on the backups.
Originally Posted by PTravel
Interesting. Without researching it to see if it's ever been tested, I'd say it is unconstitutional on its face, or at least unconstitutional as-applied if it is extended to anything other than obscenity.
I questioned your nationality, now I'm doubting your claimed occupation. It is the "functional equivalent of a border." There are many cases discussing border searches.
Originally Posted by Deeg
Customs, Immigration, and Agriculture merged into two agencies: CBP and ICE. Simple, eh?
Don't forget CIS.
Originally Posted by AArlington
Choose a password greater than 14 characters
Run Syskey in mode 2 for added protection -- essentially a double password, and choose one hard to remember. Do this and CBP will have an awfully hard (practically impossible) time getting into your machine unless you tell them your password.
The just to tick them off and waste their time, encrypt a bunch of random files with EFS -- they'll need your password to decrypt these, but they won't get your password unless you tell them...
See
http://www.microsoft.com/resources/d...d_sec_xsst.asp for how to enable syskey.
Now technical issues aside, let's look at the legal aspects here:
What if he declined to tell his password? Could Customs detain him? What if his machine required smart card or token based logon -- and he didn't have the token?
Can Customs "dump" somebody's phone (i.e. look at all the dialed/received calls on it)?
It is certainly imprudent to use the same password for every single file. As posted upthread, you have to unlock things for inspection when requested. I'm not sure if one has to tell them a password, however, as opposed to supplying it. I would politely offer them that. "I find it hard to remember my various passwords, but my fingers type them automatically."
If they can't search your computer, they may decide to detain it instead. And the backlogs can be for months!
Yes, CBP can look at phone lists at the border.
Originally Posted by Deeg
The laptop could be detained and sent to a forensic lab, but only with reasonable suspicion that there was contraband inside. That would be hard to have unless it was part of an ongoing investigation or other items were found in the luggage, for example.
And I'm not going to comment on the second question. It's not fully settled yet either way.
This is a more detailed explanation than my thoughts. I'm interested to hear of some CBP hesitancy on the phones. Nevertheless, if secrecy is important, don't bring it to a border search.
Originally Posted by cxn
I always declare what I have/buy. No longer do I buy any *legal* dvds outside of the US and bring them in. I watch them at the hotels and trash them.
Why?
