The DHS office of Civil Rights and Civil Liberties — a watchdog that's supposed to keep the DHS in check — has concluded that it's fine for the DHS to stop anyone within 100 miles of the US border, without any suspicion or warrant, and search all the data on all their devices. But they won't say why:
"There should be a reasonable, articulate reason why the search of our electronic devices could lead to evidence of a crime," Catherine Crump, an ACLU staff attorney, said in a telephone interview. "That's a low threshold."
The DHS watchdog's conclusion isn't surprising, as the DHS is taking that position in litigation in which the ACLU is challenging the suspicionless, electronic-device searches and seizures along the nation's borders. But that conclusion nevertheless is alarming considering it came from the DHS civil rights watchdog, which maintains its mission is "promoting respect for civil rights and civil liberties."
"This is a civil liberties watchdog office. If it is doing its job property, it is supposed to objectively evaluate. It has the power to recommend safeguards to safeguard Americans' rights," Crump said. "The office has not done that and the public has the right to know why."
Toward that goal, the ACLU on Friday filed a Freedom of Information Act request demanding to see the full report that the executive summary discusses.
DHS Watchdog OKs 'Suspicionless' Seizure of Electronic Devices Along Border [David Kravets/Wired]