- news
- SATURDAY SEPTEMBER 20 2008 10:00 AM
Seriously, Who Wants to Travel to the United States?
Submitted by DevilsReject
Edited by nicole_powers
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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Comments
Accuser
Dana Point, CA
October 2006
SEP 20, 2008 10:08 AM
JekyllAndHyde
Austin, TX
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sick
Minneapolis, MN
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San Francisco, CA
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I'm lost
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I'm lost
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I'm lost
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