Leave your electronics at home?
#1
Original Poster
Join Date: Mar 2003
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#2
Join Date: Nov 2006
Location: MIA
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"I don't carry my laptop overseas anymore," said Sacramento attorney Mark Reichel. "The fat lady has sung for the fourth amendment."
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
#3
Suspended
Join Date: Jul 2008
Posts: 2,726
"I don't carry my laptop overseas anymore," said Sacramento attorney Mark Reichel. "The fat lady has sung for the fourth amendment."
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
#4
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"I don't carry my laptop overseas anymore," said Sacramento attorney Mark Reichel. "The fat lady has sung for the fourth amendment."
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
Maybe he should have studied harder in law school. Nothing has changed with regards to border searches. Legally, what is the difference between personal papers, luggage and laptops? The 4th Amendment covers all equally.
The difference between encrypted data on a laptop and sealed first class mail is?
#6
Join Date: Feb 2009
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If sealed mail means it can't be copied, travel with a stamped/addressed envelope and just get a laptop with a removable drive. Pop the drive in the envelope and seal it before entering the TSA area.
#7
Join Date: Dec 2007
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Gee why am I not suprised. The 911 excuse is getting abused and used as a vechile to strip the rights of US citizens and travelers, but why am i not suprised since the US is no longer home of the free, but looking more and more 3rd world home of the scared.
CBP can search my laptop and all of the drives they want but there encrypted, but if you dont know where to look and have the passwords your not going to see whats really on the drive. That and the moment they begin to initiate the search I will get their infomation so that i can pass it on to the organization I do research for so that they can send there legal team(HIPPA violation) after that person and who they work for as HIPPA has more teeth and bite then CBP, not to mention all the research partcipants could seek recourse for attempted ID theft.
CBP can search my laptop and all of the drives they want but there encrypted, but if you dont know where to look and have the passwords your not going to see whats really on the drive. That and the moment they begin to initiate the search I will get their infomation so that i can pass it on to the organization I do research for so that they can send there legal team(HIPPA violation) after that person and who they work for as HIPPA has more teeth and bite then CBP, not to mention all the research partcipants could seek recourse for attempted ID theft.
#8
Join Date: Jul 2005
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b) Its first class letter mail. A hard drive would not be letter mail.
#9
Join Date: Jul 2005
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That and the moment they begin to initiate the search I will get their infomation so that i can pass it on to the organization I do research for so that they can send there legal team(HIPPA violation) after that person and who they work for as HIPPA has more teeth and bite then CBP, not to mention all the research partcipants could seek recourse for attempted ID theft.
#10
Join Date: Jul 2000
Location: Sacramento, California, USA
Posts: 2,974
How do you figure a CBP agent is violating HIPAA for searching items which contain PHI?
CBP is not a covered entity under HIPAA. Hence there is no enforcement action that can be taken against them by the Department of Health Services Office of Civil Rights (the "HIPAA Police").
If anything, HIPAA may enter into the equation for the owner of the laptop through inadvertent disclosure of any unencrypted PHI. Now whether or not the laptop owner can legally refuse a request by CBP to see the content of a file (electronic or paper) that contains PHI by citing HIPAA privacy/security regulations is something I'd need to research. I seem to remember some kind of exception buried in the regs regarding national security (figures!) but it has been awhile since I've waded through the HIPAA swamp.
CBP is not a covered entity under HIPAA. Hence there is no enforcement action that can be taken against them by the Department of Health Services Office of Civil Rights (the "HIPAA Police").
If anything, HIPAA may enter into the equation for the owner of the laptop through inadvertent disclosure of any unencrypted PHI. Now whether or not the laptop owner can legally refuse a request by CBP to see the content of a file (electronic or paper) that contains PHI by citing HIPAA privacy/security regulations is something I'd need to research. I seem to remember some kind of exception buried in the regs regarding national security (figures!) but it has been awhile since I've waded through the HIPAA swamp.
#11
Join Date: Dec 2007
Location: North of DFW
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It happened to another researcher and the search stopped right there because the CBP official realized that it was more of a hassle/legal trouble then its worth. There is a very large HIPPA notification (with the penalties for violation) on the splash screen and the background on the laptop so its very obvious, to prevent "I never saw XYZ" syndrome.
Beyond that truecrypt will keep them at bay.
Beyond that truecrypt will keep them at bay.
#12
Join Date: Nov 2006
Location: MIA
Programs: PC Plat/Amb
Posts: 1,152
Sealed Letter Class Mail. Officers may not read or permit others to read correspondence contained in sealed letter class mail (the international equivalent of First Class) without an appropriate search warrant or consent. Only articles in the postal system are deemed "mail." Letters carried by individuals or private carriers such as DHL, UPS, or Federal Express, for example, are not considered to be mail, even if they are stamped, and thus are subject to a border search as provided in this policy.
Policy Regarding Border Search of Information
#13
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#14
Join Date: Nov 2006
Location: MIA
Programs: PC Plat/Amb
Posts: 1,152
ICE had 4 arrests within the last week or so for people traveling to Cambodia for the purpose of molesting children. This tends to make me think there is a bunch of kiddie porn being brought in. I'm not saying that anyone should gleefully give up their rights, but personally, I'd let them search my computer if I knew eventually some of these sick .......s were going to jail. That's just me.
#15
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ICE had 4 arrests within the last week or so for people traveling to Cambodia for the purpose of molesting children. This tends to make me think there is a bunch of kiddie porn being brought in. I'm not saying that anyone should gleefully give up their rights, but personally, I'd let them search my computer if I knew eventually some of these sick .......s were going to jail. That's just me.