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Thread: Avoid Confiscation of Laptop by Removing hard Drive Before Customs?
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Old Aug 1, 2008 | 4:53 pm
  #17  
Superguy
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Originally Posted by GadgetFreak
Interesting info. Thanks. But one question I have is do you have 5th amendment rights if stopped at customs? You sure dont have rights against the search itself.
No prob.

At least for now, this ruling stands in United States v. Boucher, United States District Court for the District of Vermont 2007 WL 4246473. The government's appealing but so far, Judge Neidermeier's ruling says that passphrases are protected speech ... even at the border. It's how this guy got busted: crossing the border in the US from Canada.

http://www.eff.org/files/Boucher.pdf (direct copy of the Judge's decision).

Background on what happened during the search is included in the background section of the decision.

Unfortunately, the appeal was sealed and I haven't found any updates on it.

http://news.cnet.com/8301-13578_3-9854034-38.html

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