DHS watchdog: DHS can search all your devices within 100 mi of US border

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79 Responses to “DHS watchdog: DHS can search all your devices within 100 mi of US border”

  1. Antinous / Moderator says:

    100 miles from the borders?  That only affects, what, about 50,000,000 people?

    • Hannukah Dreidl says:

      197 million, give or take a few hundred thousand visitors. In other words, not only can they sniff anything one transmits, now most of the population can have the source, (with all one’s contacts and other personal data including financial and healthcare) seized at any time FOR NO REASON.

    • lafave says:

       here’s a map

      • Another Kevin says:

        That map omits the fact that the ‘border’ also includes customs posts at international airports. It appears that – while DHS hasn’t tried it yet – a checkpoint anywhere within 100 miles of an airport with customs service would be fair game. I think there may be a few spots in Wyoming that would still have the fourth amendment in force, but they’re a bit hard to get to.

      • Antinous / Moderator says:

        I hadn’t considered the oceanic borders. Wichita it is.

  2. Alexander Borsi says:

    Encrypt those devices folks! That, or just FEDEX/UPS them ahead of time and save yourself the hassle.

    • BillStewart2012 says:

      Goods shipped across the border have less protection than things you bring with you, because you’re not there to ask questions.  So if you’re thinking about shipping your hard drive or computer, encrypt it too.

    • lafave says:

       But that’s the thing – you don’t need to be *crossing* the border to be searched – you just need to be *near* the border to be searched. So, the DHS says it can search anyone in Detroit, for example, without warrant or probable cause.

  3. sofong says:

    2/3rds of the US population lives within the constitution-free zone [aclu.org] via slashdot.org which went to 530 comments yesterday. . .

  4. On the one hand, all that paranoia about the mass-containment tents sounds silly. On the other hand, WTF IS THIS SHIT

  5. Nadreck says:

    Is this 100 miles within the US border or does this extend 100 miles into Mexico and Canada?  The US loves to extend its domestic laws out into other countries.

  6. Jake0748 says:

    Well, of course. The government should be able to inspect anything they want, anywhere, anytime, right?  At least for the 99%.  Am I right? 

    Maybe I’m dreaming, but didn’t DHS used to stand for something like Dept. of Human Services, or something?  What happened? 

  7. They are paranoid about communism and socialism but all the time it was capitalism. ‘Land of the free.’

  8. allenmcbride says:

    It seems from the article that some aspects of this policy/law have been tested in court and others haven’t. But it isn’t quite clear which are which. That would be good to know. This is ugly stuff, but thankfully our executive branch’s power overreaches don’t always hold up.

  9. Thad Boyd says:

    I guess on the plus side, DHS is really helping make sure your new book stays relevant.

  10. Hans says:

    This is a rather astonishing overreach, since the Supreme Court case which determined that interior checkpoints were legal, United States v. Martinez-Fuerte (1976), expressly required probable cause to carry out a search: “We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search.”

    They must be angling to have the Supreme Court reverse itself. 

  11. Lithi says:

    Some of the Wired comments made my head hurt. But then again, with all the fuckery and media cover-ups, I don’t know who to trust anymore.

    But back on topic, this is just terrifying. 

  12. Crashproof says:

    Does, the “border” include the coastline as well? :P

  13. Tom Buttler says:

    Wow, this sounds awesome, but arent the number exxagerations?

  14. EarthtoGeoff says:

    Having lived near the New York/Canadian border most of my life, I can confirm that the Border Patrol sets up roadblocks 50 miles from the border and dismantles your car from the inside out if you look suspicious.

    • Missy Pants says:

      I got pulled out driving down to Burning Man one year. Fully packed car, but us not being stupid, nothing in it but camping gear, not even food, so after the sniffer dogs turned their noses up at my car we were free to go. Not so much for the boys from Whistler with a roach in the ashtray, or the dudes returning to Colorado from Banff who I guess realized they were going to be busted so ate all the shrooms they were trying to bring back with them. Never seen so many giggly people happy to be handcuffed to chairs before. Moral of the story, don’t tell them you’re going to Burning Man.

    • at the southern border, they stretch as far north as 120+ miles with their pop-up inspection points

  15. Michael D says:

    You now live in the world of 1984. Get used to it or do something about it.

  16. duncancreamer says:

    Does this mean that ALL Hawaii residents are subject to search now?

    • jackbird says:

      Yes.  Also all of Michigan, Florida, Delaware, Connecticut, Rhode Island, New Hampshire, Maine, Washington DC, and Massachusetts. 

      And spitting distance to all of Vermont, New York, and Maryland, as well.  

      Also all the population centers of California, Oregon, and Washington State.

  17. Hakan Koseoglu says:

    I guess this includes sea ports so there goes New York and all cities 100 miles near the coast?

  18. rocketpjs says:

    Well, that’s probably the last nail in the coffin on my ever visiting the US again.  The kids have been asking about Disneyland, but maybe we’ll go to the one in Europe or something.   I’m not a criminal, but I am a ‘foreigner’ in US terms, and I have no interest in getting treated like that. 

    I live about 20 miles from the US border and haven’t crossed it in 4 years (and that was for a day trip, the first in a decade).  It may never happen again, if this is the standard of human rights.

    Of course, as a foreigner I never really qualified for rights in any case.  Nobody in the US got upset with our phones getting tapped – it isn’t even a legal issue.  And nobody was particularly bothered with non-US citizens getting toasted by drones. 

    All of this is just extension of the definition of ‘enemy’ to include US citizens as well as the rest of the world.  With any luck it is reaching the extent of the bubble and will collapse soon, but there are a lot of perverse incentives at play.  Until then, enjoy your oligarchy.

    • Missy Pants says:

      I was at Disney for xmas a couple years ago. Worst experience ever, I grew up wintering in Florida and going there, now it’s just horrid. So many people in the park they actually shut the gate down and turned people away! You could watch marriages imploding all around you as wives and husbands screamed and kids cried. Also, the food is terrible. Don’t do it. And the lines for the rides… oh god, the lines…

      Canada’s Wonderland is better. ;)

      • Stephen Gordon says:

        Between Christmas and New Year’s is their most crowded time. I used to live 5 miles away from WDW, and I would never go Dec 24-Jan 2.

    • Antinous / Moderator says:

      It’s an Invasive World After All!
      It’s an Invasive World After All!
      It’s an Invasive World After All!
      It’s an Invasive, Invasive World!!!

  19. pitkataistelu says:

     I don’t think it’s fair to draw too sharp a contrast between standards in the US and outside it. Human rights, you say? Into this very decade, there were active asbestos mines in Quebec with the explicit blessing of the prime minister. And is the muzzling of scientists and closing down of climate research institutions so admirable? We’re all knee-deep in mud; let him who lives in Utopia cast the first stone.

    • Missy Pants says:

      The last asbestos mine in Quebec closed last year.
      And we all hate Harper.

      But I’m not sure how that has to do with this topic?
      No one says Canada is Utopia, nor the USA, nor any western country. But if we can’t point and laugh at our own absurdities what are we supposed to do? Cry?

    • rocketpjs says:

      To my knowledge the Canadian government, though I disapprove of it mightily on many fronts, has not yet authorized a single drone strike on one of its own or a foreign citizen.

      Similarly, they have dropped the ball awfully on the rights of a few individuals, and have paid/are paying something of a political price for it (not enough IMO).  But they have not yet had the audacity to declare ‘Charter of Rights Free Zones’ across large swathes of the country for no (defensible) reason.  Small chunks (G8) for short periods of time, yes, and wrongly so.

      There is a difference.  They are all on a slippery slope, but some are much further down the slope than others.

  20. I want to reclassify my electronics as firearms so the NRA can work as diligently defending my rights as they do for my fellow gun owners. 

  21. Rindan says:

    Seems legit.

  22. DmpstrBaby says:

    I’m pretty sure that the Dead Kennedys had a song about this situation back in the 80s…

  23. David says:

    They can pry the unencrypted porn out of my dead hands! (But seriously, you know how much of a backlog they’re going to create in doing this? Heck, the CIA & FBI take years to filter through the reams of digital material they have now. //Agent Mulder, have you been fapping again to iPhone videos confiscated at the border?//)

  24. Rob Wheeler says:

    As someone who lives in a border state, this is a bunch of BS, Literally all of Detroit falls into that area. Ann Arbor and possibly Lansing too. 

    • IronEdithKidd says:

      Since A2 is 45 miles from the Embassador Bridge, yes, it’s in the zone.  Lansing has an international airport, thus, in the zone. 

  25. Gizzy says:

    100 Miles would include all of Ottawa, ON, Canada’s capital city!

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