TSA: Search your iPhone? Yes we can!
Jul 23, 12, 9:12 am
#1
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TSA: Search your iPhone? Yes we can!
This motion to dismiss stated that the TSA has the right to search bags not only for WEI, but also for “identification media.” They reason that a terrorist might be using a fake ID, and therefore if they can find a fake ID in your bag, they might stop a terrorist from boarding an airplane.
This term (“identificaiton media”) is not defined in their motion or in their internal policy that discusses it. At the least, they claim ID cards, credit cards, and the like are covered. What about a bank statement, insurance bill, or official letter? Often times a DMV will ask for something along those lines as proof of your identification. How about those prescription bottles? Everything has your name on it and nothing looks “suspicious” about the pills inside, yeah? What about every other document? Might have to read it to make sure it’s not a bank statement, bill, official letter, etc. What about turning on your iPhone to see what name shows up in there? You laptop will presumably identify you and all your e-mail “aliases,” right? And what are you doing with that “suspicious” amount of cash? A terrorist might deal in cash, after all.
This term (“identificaiton media”) is not defined in their motion or in their internal policy that discusses it. At the least, they claim ID cards, credit cards, and the like are covered. What about a bank statement, insurance bill, or official letter? Often times a DMV will ask for something along those lines as proof of your identification. How about those prescription bottles? Everything has your name on it and nothing looks “suspicious” about the pills inside, yeah? What about every other document? Might have to read it to make sure it’s not a bank statement, bill, official letter, etc. What about turning on your iPhone to see what name shows up in there? You laptop will presumably identify you and all your e-mail “aliases,” right? And what are you doing with that “suspicious” amount of cash? A terrorist might deal in cash, after all.
--Jon
Jul 23, 12, 1:01 pm
#4
Join Date: Oct 2011
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1. I used a fake ID many times in my youth to get myself into places I shouldn't have been. Even carried a fake ID onto a plane with me a time or two because I knew I was going somewhere full of places I shouldn't have been. I'm pretty sure I was never a threat to the aircraft.
2. Enjoy trying to get into my Android. I have an app that makes the thing wail like a banshee if the wrong password is entered too many times. I'd love to see the look on the TSO's face as they realize that they've just set off an obnoxiously-loud siren at a checkpoint full of people who've been conditioned to fear the boogeyman at every step.
2. Enjoy trying to get into my Android. I have an app that makes the thing wail like a banshee if the wrong password is entered too many times. I'd love to see the look on the TSO's face as they realize that they've just set off an obnoxiously-loud siren at a checkpoint full of people who've been conditioned to fear the boogeyman at every step.
Jul 23, 12, 1:31 pm
#5
Join Date: Dec 2010
Posts: 2,425
Originally Posted by T.J. Bender
1. I used a fake ID many times in my youth to get myself into places I shouldn't have been. Even carried a fake ID onto a plane with me a time or two because I knew I was going somewhere full of places I shouldn't have been. I'm pretty sure I was never a threat to the aircraft.
2. Enjoy trying to get into my Android. I have an app that makes the thing wail like a banshee if the wrong password is entered too many times. I'd love to see the look on the TSO's face as they realize that they've just set off an obnoxiously-loud siren at a checkpoint full of people who've been conditioned to fear the boogeyman at every step.
2. Enjoy trying to get into my Android. I have an app that makes the thing wail like a banshee if the wrong password is entered too many times. I'd love to see the look on the TSO's face as they realize that they've just set off an obnoxiously-loud siren at a checkpoint full of people who've been conditioned to fear the boogeyman at every step.
Jul 23, 12, 2:06 pm
#6
FlyerTalk Evangelist
Join Date: Aug 2001
Location: Finally back in Boston after escaping from New York
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Originally Posted by T.J. Bender
2. I have an app that makes the thing wail like a banshee if the wrong password is entered too many times.
Originally Posted by nachtnebel
Could I suggest changing that to a really loud ticking sound?
Mike
Jul 23, 12, 2:30 pm
#9
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Posts: 13,707
How can they claim anything as "identification media" that they don't list as an acceptable ID? They are obviously appealing to a judge with the attention span of my cat.
Jul 23, 12, 3:25 pm
#10
Join Date: Feb 2007
Location: COS
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Posts: 162
Originally Posted by lovely15
EOD guys are generally smart enough to know that a ticking phone isn't a bomb.
I'd love to see the look the TSA got from EOD when the former showed the latter the "bomb".
Jul 23, 12, 3:45 pm
#11
Join Date: Oct 2010
Posts: 516
Originally Posted by sandiegofun
they can do whatever they want after they incorrectly input the password and wipe the phone.
But that's being paranoid because the 4th amendment stands in their way, right?
Jul 23, 12, 4:07 pm
#12
Join Date: Nov 2008
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Originally Posted by FliesWay2Much
How can they claim anything as "identification media" that they don't list as an acceptable ID? They are obviously appealing to a judge with the attention span of my cat.
The judge hasn't ruled yet, either, so I'm pretty we don't know the judge's attention span -- or your cat's, for that matter.
The iPhone was thrown in by the blogger to generate a sensationalistic headline that would grab readers. There is nowhere in the Motion to Dismiss that in any way suggests that TSA believes it's acceptable to search someone's phone under the guise of seeking "Identification media."
In fact, the MTD & Memorandum in support that the blogger posted don't even contain the phrase "identification media," or the quote that the blogger called out on the post. (ETA: The MTD doesn't contain it; the Memorandum does.)
What's sad is that, this lawsuit might *actually* have some merit to determining how constitutional some of TSA's policies are, but as long as the blogger turns every question or issue into a slippery slope, the mainstream won't listen.
Last edited by UshuaiaHammerfest; Jul 24, 12 at 12:04 am Reason: Corrected inaccuracy about the Memorandum
Jul 23, 12, 4:42 pm
#13
Join Date: Oct 2010
Posts: 516
Originally Posted by UshuaiaHammerfest
In fact, the MTD & Memorandum in support that the blogger posted don't even contain the phrase "identification media," or the quote that the blogger called out on the post.
That part of the Memorandum contains the quote the blogger called out in the post.
Jul 23, 12, 6:31 pm
#14
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You need to put two and two together. The TSA has now said we can search for WEI and "identification media" without defining what that is. We've all seen that the TSA stretches every rule and twist of language possible (for example, refusing to let them molest your daughter, taking off your clothes in protest, being upset, etc. all meets the TSA's view of "interference with checkpoint screening"), and it really doesn't take a big stretch to conclude that the TSA will now see itself justified searching anything that "may" identify you.
--Jon
Originally Posted by UshuaiaHammerfest
The iPhone was thrown in by the blogger to generate a sensationalistic headline that would grab readers. There is nowhere in the Motion to Dismiss that in any way suggests that TSA believes it's acceptable to search someone's phone under the guise of seeking "Identification media."
Jul 23, 12, 7:06 pm
#15
Join Date: Mar 2009
Posts: 1,972
Originally Posted by UshuaiaHammerfest
They didn't claim that. The blogger/OP did. ... There is nowhere in the Motion to Dismiss that in any way suggests that TSA believes it's acceptable to search someone's phone under the guise of seeking "Identification media."... but as long as the blogger turns every question or issue into a slippery slope, the mainstream won't listen.
It's perfectly reasonable to argue "if you accept the TSA's belief that they can search any bag looking for a false ID, doesn't that also mean they can search a phone or computer looking for evidence of fake ID?".
