Friday, March 29, 2013

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A federal appeals court on Friday said Customs and Border Protection officers cannot confiscate or download every laptop or electronic device brought into the U.S., ruling that people have an expectation their data are private and that the government must have reasonable suspicion before it starts to do any intensive snooping.

Electronic devices often retain sensitive and confidential information r beyond the perceived point of erasure, notably in the form of browsing histories and records of deleted files, Judge M. Margaret McKeown wrote in the majority opinion. This quality makes it impractical, if not impossible, for individuals to make meaningful decisions regarding what digital content to expose to the scrutiny that accompanies international travel. A persons digital life ought not be hijacked simply by crossing a border.

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The 9th U.S. Circuit Court of Appeals judges said it was a watershed care that gets at what kinds of limits the government must observe when it comes to technology and privacy.

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Privacy advocates cheered the decision, saying that the government had previously believed it had the right to copy all electronic data of anyone crossing into the U.S.

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The court rejected that, ruling that password-protected files are exactly what the Constitutions framers had in mind when they wrote the Fourth Amendment protecting Americans s from unreasonable searches.

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In a broad ruling, the court also said merely putting password protection on information is not enough to trigger the governments reasonable suspicion to conduct a more intrusive search but can be taken into account along with other ctors.

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They let him go but kept his laptops and one camera, took thGadgets Court curbs laptop searches at US borderem to a forensics office and copied all the information off the laptops. They eventually got into the password-protected files and found hundreds of images of child ography, including Mr. Cotterman molesting a child.

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The court said that the government is allowed to perform an inspection at the border and to look at computers and cameras, but said to go deeper would raise major questions about government snooping.

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The ruling, by the entire 9th Circuit, overturns a previous decision by a three-judge panel of the court.

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Mr. Cotterman had put some of the files behind his password protection and had erased others, but the government analysts were able to reconstruct those files.

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The ruling says that Americans who carry laptops or other electronic devices when they go out in public have some expectation that that information is not open to a search if they made an effort to protect it.

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In most cases, the government needs probable cause to conduct a search. Reasonable suspicion is a lower standard. But the Obama administration had argued it didnt need any reason to search.

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In the case before the court, officers in Lukeville, Ariz., stopped Howard Cotterman as he came across the border and checked his name through records, discovering he had prior convictions for offenses, including child molestation. The officers found laptops and cameras in his vehicle and looked for child ography, but were blocked by his password protection.

It is little comfort to assume that the government for now does not have the time or resources to seize and search the millions of devices that accompany the millions of travelers who cross our borders. It is the potential unfettered dragnet effect that is troublesome, Judge McKeown wrote.

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But in todays watershed ruling, the court drew a line in the sand and recognized that the vast amount of personal information and sensitive data on laptops, cell phones, and other electronic devices is worthy of Fourth Amendment protection, said Michael Price, a lawyer for the Brennan Center for Justice.

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Life lessons, adventures, people places and observations as I undertake my personal quest to travel to 100 or more countries before I die.

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