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  • SATURDAY SEPTEMBER 20 2008 10:00 AM

Seriously, Who Wants to Travel to the United States?

The United States Department of Homeland Security scares the hell out of me. What is really bad is I am a United States citizen and it scares the hell out of me. It really has to be scary to someone that isn't a citizen of the United States.

Think of this scenario. You fly back into the United States after visiting some friends in Europe. A Homeland Security Officer, specifically a Transportation Security Agent hands you a pair of pliers and tells you to remove your nipple ring.

The Transportation Security Administration said Friday its officers at a Texas airport appear to have properly followed procedures when they allegedly forced a woman to remove her nipple rings -- one with pliers -- but acknowledged the procedures should be changed.



Congratulations TSA. You're brilliant. Forcing someone to remove a piercing, in a rather personal spot, with pliers kind of does scream that procedures should be changed. If there were any damn procedures in the first place and they aren't just running this security thing by the seat of their pants.

That's old news. Now onto the new news. This is the type of thing where I strongly believe that any government official should have at least a general knowledge of current technology.

Back in April of this year, the Ninth Circuit Court decided that searching laptops without reason is well within the law, and does not violate any Fourth Amendment Rights.

So wait. Now I am confused. The Ninth Circuit says that TSA Agents can search my papers, effects, laptops, iPods, iPhones and other electronic devices without probable cause, but the Fourth Amendment says that they cannot. Unless the probable cause is "Everyone is a Terrorist". Then it kind of makes sense.

The judges noted that precedent already allows searches of 1) briefcases and luggage, 2) a purse, wallet, or pocket, 3) papers found in pockets, and 4) pictures, films, and other graphic material. In fact, the Supreme Court allows border agents wide latitude, only drawing the line at searching the "alimentary canal" of a suspect without reasonable suspicion (seriously).



Well, at least they have to have reasonable suspicion to check my large intestines, that is comforting.

Don't worry though! Rep. Loretta Sanchez (D-CA) introduced a new bill to help with this! Well, not so much help, but at least you will get a receipt for the expensive piece of electronic equipment that the TSA Agent, who makes just more than minimum wage, is illegally seizing from you.

(5) A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual.



Basically, what Rep Sanchez is trying to do is bring more accountability to the TSA and Homeland Security. She is trying to create paper trails so we can figure out what they are doing.

Sanchez's bill would bring more routine to the search process. The bill requires the government to draft additional rules regarding information security, the number of days a device can be retained, receipts that must be issued when devices are taken, ways to report abuses, and it requires the completion of both a privacy impact study and a civil liberties impact study. Travelers would also have the explicit right to watch as the search is conducted.



Sanchez also wants data about the searches, which would have to be turned over to Congress once per quarter. Specifically, she wants to know how many searches are being done, where they take place, and the race and nationality of those being searched.



So what does all this boil down to? The TSA can illegally (in my opinion) search your laptops, iPods, iPhones and Blackberries. They can also seize these devices if they deem it necessary. Rather than fix this problem, they are trying to pass legislation in order to make the TSA accountable for the electronic devices they are seizing. It seems like legislation we really shouldn't need in the first place.

Here is an idea. Let's not treat every single person that is entering the United States as a potential terrorist. Let's not presume that every single person entering the United States is guilty rather than innocent.

I cannot even begin to imagine what this is doing for business travel in the United States. What practical business person would want to travel to the United States and have their legitimate business files searched and possibly their laptop seized? For that matter, who would want to leisurely travel to the United States and suffer the same outcome? This has to be affecting our business and tourism trade.

What makes this even worse is that most terrorists probably know more technologically than what the TSA or Homeland Security is giving them credit for. It leads me to believe that the TSA Agents are searching for someone who is wearing a shirt that says "I R A TEAROREST!".

I would have to go ahead and assume that most terrorists know there are multiple ways around specifically having information stored to the hard drive of an electronic device. Things like peer-to-peer connections, online repositories and this internet thing, can walk right around security in an airport or at a border. This is the point where technology is an important knowledge to have if you are a public official.

Something needs to be changed. The system we are currently dealing with is greatly flawed. These issues are obviously big reasons not to visit the United States for business or for pleasure. With our economy the way it is now, we shouldn't be doing anything that will prevent money from flowing into our country.

I am tired, as a citizen of the United States, of being afraid to leave the country and return, even though I have done nothing wrong. I don't deserve to have my personal items seized on behalf of National Security.

We need to have officials in charge of things like the Security of the Nation, that are educated in technology so that processes like this can be eliminated or streamlined to make more sense. Accountability of the TSA and Homeland Security is a good idea on paper and in legislation, but in application we are making them accountable for something they shouldn't be doing in the first place.

DevilsReject just chooses not to leave the country anymore and sits in his basement with his 77 ferrets. Alone.

 

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Tiger_Fodder

Tiger_Fodder

Braintree, MA
June 2007

SEP 20, 2008 05:40 PM

Shiny_metal_ass said:



Yeah, but then they have their "probable cause" for the pooper probe.

"Why are all your files encrypted? What are you trying to hide?"

You see, we are all guilty until proven innocent now.



Should I change my name to GuiltySid?

velvet_petal

velvet_petal

I'm lost
November 2006

SEP 20, 2008 05:53 PM

Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that it could be seized (making it wise to always back-up before traveling, not store all of your proprietary info, and not store anything which might violate the laws of the country your are entering.)

Varuka_Salt

Varuka_Salt

I'm lost
October 2006

SEP 20, 2008 06:07 PM

velvet_petal said:
Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that things could be seized (making it wise not to store all of your proprietary info or anything which might violate the laws of the country your are entering.)



Don't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?

Tiger_Fodder

Tiger_Fodder

Braintree, MA
June 2007

SEP 20, 2008 06:30 PM

Shiny_metal_ass said:

velvet_petal said:
Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that things could be seized (making it wise not to store all of your proprietary info or anything which might violate the laws of the country your are entering.)



Don't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?



If you were a real American patriot you would never have to leave the country. wink

velvet_petal

velvet_petal

I'm lost
November 2006

SEP 20, 2008 06:35 PM

Shiny_metal_ass saidbiggrinon't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?



Not seen as a bashing at all. Some of of you've probably been privy to my going off on the erosion of our fundamental rights and 4th Amendment violations....so I agree. Nothing worse than the helpless feeling one has crossing borders knowing you are at the mercy of whatever officials. Not to mention what an intellectual property or personal nightmare it could be to have your laptop seized.

I was just asking whether anyone knew if the laptop seizure policies differ here from other countries. In the past I've seen some posted policies about laptops and travel put together by IT departments at some client companies, they addressed things such as seizures and prohibitive materials by country. I was just curious since it was a "who wants to travel to the US" focused topic.


Varuka_Salt

Varuka_Salt

I'm lost
October 2006

SEP 20, 2008 06:54 PM

InnocentSid said:

Shiny_metal_ass said:

velvet_petal said:
Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that things could be seized (making it wise not to store all of your proprietary info or anything which might violate the laws of the country your are entering.)



Don't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?



If you were a real American patriot you would never have to leave the country. wink



I was born in DC on a military base, does that count?

DevilsReject

DevilsReject

Cleveland, OH
February 2007

SEP 20, 2008 06:59 PM

Subrosa said:
It should be noted that these searches were ruled permissible by US Customs, not necessarily random TSA searches on domestic flights. Or at least, not to my knowledge.

Does TSA do Customs?



most of the time it's customs doing the seizing, but there have been a few stories of the TSA seizing laptops from people they supposedly had reasonable doubt about.

The majority of the stories are from people traveling either back into the country and are a citizen, or are flying into the country to do business and are citizens are of a different country. The minority of the stories are domestic flights, where a laptop bag doesn't fit the "requirements" of the TSA and the laptop is seized.

Customs and TSA are a blur, much like all of Homeland Security, which in my opinion seems horribly organized and grossly inefficient.

Tiger_Fodder

Tiger_Fodder

Braintree, MA
June 2007

SEP 20, 2008 07:06 PM

Shiny_metal_ass said:

InnocentSid said:

Shiny_metal_ass said:

velvet_petal said:
Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that things could be seized (making it wise not to store all of your proprietary info or anything which might violate the laws of the country your are entering.)



Don't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?



If you were a real American patriot you would never have to leave the country. wink



I was born in DC on a military base, does that count?



Only if you installed a flag pole on the bed of your Ford pickup, so you can wave a big ass American flag that you bought at Wal-Mart. That is the definition of an American patriot. tongue

Varuka_Salt

Varuka_Salt

I'm lost
October 2006

SEP 20, 2008 07:13 PM

DevilsReject said:

Subrosa said:
It should be noted that these searches were ruled permissible by US Customs, not necessarily random TSA searches on domestic flights. Or at least, not to my knowledge.

Does TSA do Customs?



most of the time it's customs doing the seizing, but there have been a few stories of the TSA seizing laptops from people they supposedly had reasonable doubt about.

The majority of the stories are from people traveling either back into the country and are a citizen, or are flying into the country to do business and are citizens are of a different country. The minority of the stories are domestic flights, where a laptop bag doesn't fit the "requirements" of the TSA and the laptop is seized.

Customs and TSA are a blur, much like all of Homeland Security, which in my opinion seems horribly organized and grossly inefficient.



(TINFOILHATTIME)
Do you think it's possible that it's poorly organized on purpose? That way, they can keep the public cowed by using poorly established guidelines, so that nothing they do is really "against policy"? "Plausible deniablilty" through disorganization and intentional ignorance?
(/tinfoilhatime)

Varuka_Salt

Varuka_Salt

I'm lost
October 2006

SEP 20, 2008 07:14 PM

InnocentSid said:

Shiny_metal_ass said:

InnocentSid said:

Shiny_metal_ass said:

velvet_petal said:
Don't other countries do this as well? Just asking because I'm curious.

I travel internationally for business on a semi-regular basis. I thought it was a given that you had to show your laptops and that there was always the small risk that things could be seized (making it wise not to store all of your proprietary info or anything which might violate the laws of the country your are entering.)



Don't take this as bashing you at all, because a lot of people feel the same way, but that's really scary. We are becoming so accustomed to loosing our privacy and civil liberties that we assume that we have less of them than we actually do, or are supposed to have, anyway. The incredible erosion of our civil rights over the last 8 years has reached such endemic proportions, that this insanity is now considered normal, even by the most informed of us.

I'd love to travel outside the country some time, but the stories I've heard about re-entry scare the shit out of me. How fucked is it that I'm afraid to leave my own country, because I'm afraid of getting back in?



If you were a real American patriot you would never have to leave the country. wink



I was born in DC on a military base, does that count?



Only if you installed a flag pole on the bed of your Ford pickup, so you can wave a big ass American flag that you bought at Wal-Mart. That is the definition of an American patriot. tongue



SPOILERS! (Click to view)

I drive a Nissan Sentra, but I do drive a GMC box truck at work.

realistic67

realistic67

Vancouver, BC
August 2005

SEP 20, 2008 10:22 PM

Since fall 2001, ( The last time the world was really on your side....A relationship that was squandered, very quickly by the Bush Administration. ) Everything has made the idea of travel to the U.S.A. worse.

In my case, your new U.S. Customs and immigration policies. Requiring Canadian's to have passports. Just so we can buy cheap beer, jeans, milk and cigarettes at your border towns. The unjustified first strike and occupation of Iraq. The creation of Homeland Security, an organization that rings of a, politically motivated federal police . And, lastly after all this.... Bush getting re-elected ( or stealing the last two elections.. If you believe the smarter people. )

Many of us outside the U.S. have, in the last 4 - 8 years, done the only thing we can do. We Voted with our feet.

Traveled elsewhere, toured and invested in other countries. Of course this has affected your international business and vacation trade. But, mostly the way your percieved. The U.S. is now seen by the rest of the world to be more dangerous to international peace, and prosperity than Iran, Russia, China, or North Korea. And, for the most part. You still think your low point, was the Nixon years. Out here, outside your country... He was great.

I glimmer of hope? We, the rest of the world all see in Barak Obama. Who brings he revolutionary idea of talking to other countries goverments. As apposed to dictating or striking first.

And, I'm telling you.... The world Cringes when it contemplates Mcain and Palin being the next stewards of your current course. come November....

Salieri

Salieri

Denmark
July 2004

SEP 20, 2008 11:32 PM

I currently live in Montreal.

Many flights are quite a bit cheaper if I fly out of NYC instead of Toronto or Montreal, but the hassle just isn't worth it. The last time I flew into LAX I was detained for 3 hours because I had just flown in from Guatemala.

They asked thousands of "haha, wait, are you actually serious?" questions and ended up keeping the cigarettes I bought at duty-free. It fucking sucked.

I dread when one of my international flights has to be routed through the U.S. now.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

SEP 20, 2008 11:55 PM

Salieri said:
I dread when one of my international flights has to be routed through the U.S. now.



That was one comment i kept coming across while reading about this. It's what made me come to the conclusion that travel to or through the United States has become so feared, and such a loathsome activity that people prefer to just not do it.

I can understand searching international flights to a point, but on numerous occasions i read about travelers who were simply going from point A outside of the United States to point B outside of the United States who ended up getting detained and delayed in the United States.

I've basically read many opinions such as yours, they either dread it or reschedule their flight for a different route.

velvet_petal

velvet_petal

I'm lost
November 2006

SEP 21, 2008 12:04 AM

Politics and laptop issues aside, have had the experience of accompanying a few foreign business associates through the immigration line at the airport here and I cannot tell you how disheartening it was. The level of rudeness was unfathomable. Last time, the undeserved verbal abuse hurled at people was so bad, I actually filed a formal complaint. To think this is the first thing foreigners experience when they arrive. I'd never have believed it had I not seen it firsthand. It's enough to put people off or even hate the country for such bad treatment. It's pretty disgraceful.

RudieCantFail

RudieCantFail

Baton Rouge, LA
January 2006

SEP 21, 2008 12:09 AM

velvet_petal said:
Politics and laptop issues aside, have had the experience of accompanying a few foreign business associates through the immigration line at the airport here and I cannot tell you how disheartening it was. The level of rudeness was unfathomable. Last time, the undeserved verbal abuse hurled at people was so bad, I actually filed a formal complaint. To think this is the first thing foreigners experience when they arrive. I'd never have believed it had I not seen it firsthand. It's enough to put people off or even hate the country for such bad treatment. It's pretty disgraceful.



Why do you hate freedom?

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