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Old Aug 2, 2008, 12:25 pm
  #61  
 
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Does anyone know if they are able to search my Quibble without cause? Are they able to detain it too?

That is where I draw the line!
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Old Aug 2, 2008, 1:20 pm
  #62  
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Originally Posted by breny
"Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that "the most dangerous contraband is often contained in laptop computers or other electronic devices." Searches have uncovered "violent jihadist materials" as well as images of child pornography, he wrote."

I wonder what he considers "violate jihadist materials"? Does "Bush sucks, Chertoff blows" count?

Do we even have a Constitution anymore?
We do. Problem is, it is increasingly under attack by the "security" forces that are supposedly protecting us.

Five years ago, I would have agreed with the following statement - "Extremist Islam is the gravest threat we face."

Today, I agree with the following - "Our increasingly overbroad and unnecessary response to the threat posed by extremist Islam is gravest threat we face."
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Old Aug 2, 2008, 1:31 pm
  #63  
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Originally Posted by halls120
We do. Problem is, it is increasingly under attack by the "security" forces that are supposedly protecting us.

Five years ago, I would have agreed with the following statement - "Extremist Islam is the gravest threat we face."

Today, I agree with the following - "Our increasingly overbroad and unnecessary response to the threat posed by extremist Islam is gravest threat we face."
More importantly, do naked pictures of Chertoff count as "child porn"?
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Old Aug 2, 2008, 2:33 pm
  #64  
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Originally Posted by polonius
More importantly, do naked pictures of Chertoff count as "child porn"?
He'd probably deem it illegal though.
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Old Aug 2, 2008, 2:54 pm
  #65  
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Originally Posted by n4zhg
Which is why some judges have ruled that merely having encryption software installed is prima face evidence of wrongdoing. I'm waiting for that kind of crap to reach SCOTUS level.
Minnesota's the only one that has actually ruled that way. It wouldn't hold at a federal level and in other states, though a prosecutor could use that decision to strengthen his/her argument.

The judge clearly blew that ruling as well, which makes it ripe for challenge. Some arguments against it are encrypting financial documents and using encryption on the Internet to secure e-commerce. The judge would have a hard time ruling that those legal and common uses indicate that there is wrongdoing afoot. Additionally, the judge would have a hard time holding that considering the federal government and businesses now as a standard require laptop hard drives to be encrypted.

I'd give a high chance of it being struck down if it ever made it to SCOUTS or that other courts would find differently.

One of the biggest challenges in this country (and the world for that matter) is judges often don't understand technology and it's uses. All of this is fairly new legal territory, and you have a lot of older judges.
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Old Aug 2, 2008, 2:56 pm
  #66  
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Originally Posted by exerda
Aside from rubber hose crytanalysis, the US government has very little capacity to break good encryption. Can't be brute forced, and most cryptological attacks can't be done against a drive not being used (encrypted and decrytped) at the time--which for a confiscated laptop or thumb drive, etc., is not going to be the case.
Methinks someone else has read Schneier's book Applied Cryptography. ^
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Old Aug 2, 2008, 3:01 pm
  #67  
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Originally Posted by AllanJ
Will your company take the loss if a laptop is confiscated or detained? Will your company buy you a new ticket if TSA asks you "would your rather fly today or stay with your laptop" and you choose the latter?
I think that would vary by company. Some posters have said that their companies have told them to cooperate and give them the machine while others said that they were to keep the machine at all costs and try to call legal counsel and the company's security department. It'd be wise to check with your employer before traveling.

If my laptop is stolen but I still have my backup disks and re-install my Windows Vista or XP on a new machine, am I innocent of software piracy and still licensed?
Depends on how the software is licensed. Some agreements state that the license is tied to the machine, so if the machine sold, so is the software license. In the case of confiscation then, you'd likely have to buy another license (sucks, I know). Others, like a retail license aren't restricted that way, so you should be able to reload the OS on another PC as you no longer own the first machine. If you got the machine back, you would be in violation and would either have to remove the OS from the second machine or buy another license.
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Old Aug 2, 2008, 3:26 pm
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Within the scope of customs, this isn't really a surprise -- as technology has permeated life to such a degree, searching a laptop is akin to searching a suitcase.

I suppose you could just upload everything -- but since the NSA has their special rooms at telco facilities, it's all moot.
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Old Aug 2, 2008, 5:01 pm
  #69  
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Originally Posted by breny
I wonder what he considers "violent jihadist materials"? Does "Bush sucks, Chertoff blows" count?
Dubya, he only has one b...
Chertoff, has two but very small
Cheney, has ca-ca stainee
And Hawley has no b...s at all



For those of you going think "Bridge Over The River Kwai" for the music.

Edit -- aka The Colonel Bogie March

Last edited by n4zhg; Aug 2, 2008 at 5:08 pm
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Old Aug 2, 2008, 5:13 pm
  #70  
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Originally Posted by polonius
More importantly, do naked pictures of Chertoff count as "child porn"?
They may not count as child porn, but I would personally find them...disturbing...
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Old Aug 2, 2008, 5:15 pm
  #71  
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Originally Posted by Superguy
He'd probably deem it illegal though.
Chertoff strikes me as the kind of person who takes a shower with his clothes on or the lights off, nakedness offends him so.
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Old Aug 2, 2008, 5:35 pm
  #72  
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Originally Posted by Superguy
One of the biggest challenges in this country (and the world for that matter) is judges often don't understand technology and it's uses. All of this is fairly new legal territory, and you have a lot of older judges.
While I agree with what you've mentioned, I would say that younger judges are more of a problem than the oldest judges when it comes to rulings favorable for civil liberty protections (even with regard to technology) than mid-life-aged judges or even the youngest judges.

I also am not extremely confident that younger generations who are more connected to technology are necessarily as civil liberties and privacy friendly as people older than them may still be since they are largely data surrender monkeys without recognizing as intrinsically how authoritarian and totalitarian governments behave and how the transition from somewhat open societies to authoritarian and totalitarian governments involves following the course of actions that Cheney and Chertoff find comforting.
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Old Aug 2, 2008, 7:01 pm
  #73  
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Originally Posted by GUWonder
While I agree with what you've mentioned, I would say that younger judges are more of a problem than the oldest judges when it comes to rulings favorable for civil liberty protections (even with regard to technology) than mid-life-aged judges or even the youngest judges.

I also am not extremely confident that younger generations who are more connected to technology are necessarily as civil liberties and privacy friendly as people older than them may still be since they are largely data surrender monkeys without recognizing as intrinsically how authoritarian and totalitarian governments behave and how the transition from somewhat open societies to authoritarian and totalitarian governments involves following the course of actions that Cheney and Chertoff find comforting.
The rise of religious fundamentalists/neo-conservatives and agents of a certain foreign country in the U.S. has adversely impacted the rights of Americans in general.

There are judges that are allied with this cabal and in deference to the ideology of religious superiority and murder this troika espouses, they are more than willing to trample over the rights of ordinary Americans.
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Old Aug 2, 2008, 7:49 pm
  #74  
 
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Originally Posted by kennycrudup
Suppose you've ... erm, accidentally downloaded some pr0n and it's on your notebook. Would they really care unless it's kids?
Originally Posted by Deeg
Nope. As long as it's not child porn or bestiality, you're fine. They might look at it for their own gratification, but that's all.
Be careful. CBP clearly states that obscene material is illegal... the problem is definition of obscene. Playboy should be fine, some other stuff (in the pr0n class) may not be.

Originally Posted by USCBP
Prohibited articles include liquor-filled candies, absinthe, lottery tickets, narcotics and dangerous drugs, drug paraphernalia, obscene articles and publications, seditious and treasonable materials, hazardous articles (e.g. fireworks, dangerous toys, toxic or poisonous substances), products made by prison convicts or forced labor, and switchblade knives (the only exception is for a one-armed traveler, in which case the blade must be no longer than three inches).
http://help.cbp.gov/cgi-bin/customs....i=&p_topview=1

I do note that some things on that list are probably not prohibited - but if CBP is making that list public you can bet some of their "finest" will use it against you.
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Old Aug 2, 2008, 8:33 pm
  #75  
 
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Originally Posted by Global_Hi_Flyer
Be careful. CBP clearly states that obscene material is illegal... the problem is definition of obscene. Playboy should be fine, some other stuff (in the pr0n class) may not be.
Yup. The old immoral acticles statute: 19 USC 1305. But it is pretty clearly known within CBP that only bestiality and child porn are prohibited. No need to worry about community standards or any of that. The only other class that might be seized would be depictions of violent sexual acts, such as snuff films or (even staged) rape. If you can buy it at your local news stand, it's fine to come in. In fact, a lot of explicit porn magazines are printed in Canada or other countries and imported into the United States.

Edit: All of the items mentioned in the post above are indeed banned by law. (Except perhaps liquor-filled candies. That's a new one to me.)
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