Nomadic laptops can expect the rubber glove treatment

There's been a bit of a buzz lately about laptop inspections by the Department of Homeland Security (Crossing the border? Consider the possibility of laptop searches, Hands off my laptop, Your papers and laptops, please?, US Customs confiscating laptops). Today, the Washington Post is reporting on recently disclosed policies used by the DHS to take and inspect laptops:

Travelers' Laptops May Be Detained At Border (washingtonpost.com)

... The policies state that officers may "detain" laptops "for a reasonable period of time" to "review and analyze information." This may take place "absent individualized suspicion."

The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

Reasonable measures must be taken to protect business information and attorney-client privileged material, the policies say, but there is no specific mention of the handling of personal data such as medical and financial records.

When a review is completed and no probable cause exists to keep the information, any copies of the data must be destroyed. Copies sent to non-federal entities must be returned to DHS. But the documents specify that there is no limitation on authorities keeping written notes or reports about the materials.

"They're saying they can rifle through all the information in a traveler's laptop without having a smidgen of evidence that the traveler is breaking the law," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Notably, he said, the policies "don't establish any criteria for whose computer can be searched." ...

If you want to take a look at the policy itself, it's here.

Thanks to Rob Hyndman for the tipoff.

Washington Post on Monitoring America

The Washington Post has a monumental investigative report on "Top Secret America" focused on Monitoring America. Here's a summary:

Monitoring America | washingtonpost.com

Top Secret America is a project two years in the making that describes the huge security buildup in the United States after the Sept. 11, 2001, attacks. Today’s story is about those efforts at the local level, including law enforcement and homeland security agencies in every state and thousands of communities. View previous stories, explore relationships between government organizations and the types of work being done, and view top-secret geography on an interactive map.

---

Today's story, along with related material on The Post's Web site, examines how Top Secret America plays out at the local level. It describes a web of 4,058 federal, state and local organizations, each with its own counterterrorism responsibilities and jurisdictions. At least 935 of these organizations have been created since the 2001 attacks or became involved in counterterrorism for the first time after 9/11.

The months-long investigation, based on nearly 100 interviews and 1,000 documents, found that:

• Technologies and techniques honed for use on the battlefields of Iraq and Afghanistan have migrated into the hands of law enforcement agencies in America.
  
  
• The FBI is building a database with the names and certain personal information, such as employment history, of thousands of U.S. citizens and residents whom a local police officer or a fellow citizen believed to be acting suspiciously. It is accessible to an increasing number of local law enforcement and military criminal investigators, increasing concerns that it could somehow end up in the public domain.
  
  
• Seeking to learn more about Islam and terrorism, some law enforcement agencies have hired as trainers self-described experts whose extremist views on Islam and terrorism are considered inaccurate and counterproductive by the FBI and U.S. intelligence agencies.
  
  
• The Department of Homeland Security sends its state and local partners intelligence reports with little meaningful guidance, and state reports have sometimes inappropriately reported on lawful meetings.

DHS reportedly seeking covert naked scanners

Computerworld is reporting that the Electronic Privacy Information Center has obtained documents under the Freedom of Information Act that suggest the Department of Homeland Security is on the hunt for portable body scanners. This is not surprising, but what is most chilling is the suggestion that they're seeking devices that can be deployed to covertly see through clothing of unsuspecting people.

See:

DHS seeks systems for covert body scans, documents show - Computerworld

Computerworld - Documents obtained Tuesday by the Electronic Privacy Information Center suggest that the U.S. Department of Homeland Security has signed contracts for the development of mobile and static systems that can be used scan pedestrians and people at rail and bus stations and special event venues -- apparently at times without their knowledge.

The documents indicate that DHS moved to develop the technology as part of an effort to bolster the ability of law enforcement personnel to quickly detect concealed bombs and other explosives on individuals.

EPIC obtained the documents from the DHS under a Freedom of Information Act request for data on mobile and static scanning systems it filed last year....

Laptop searches at airports infrequent, DHS privacy report says

Computerworld is reporting on the first report of the Department of Homeland Security Privacy Office since the changeover to the Obama administration. The report itself is interesting, but perhaps most interesting are the statistics related to the number of searches of laptops at border crossings. This has been a controversial practice since reports on it came to light some time ago. I was surprised to read that fewer than two thousand took place in the year under review, in light of the millions of people (and laptops) that have crossed the border during that time.

Here's Computerworld's coverage: Laptop searches at airports infrequent, DHS privacy report says.

Senators introduce bill to curb border crossing laptop searches

Two senators have introduced a bill to curb controversial laptop searches and seizures, limiting them to when there is a reasonable suspicion of illegal activity:

Techworld - Privacy groups praise bill curbing warrantless laptop searches

Feingold's bill spells out standards for search and seizures of electronic equipment belonging to US travelers at airports and other borders. The biggest condition is that such searches may be initiated only if the customs agent has "reasonable suspicion" that the traveler is carrying contraband or items otherwise prohibited in the country, or because the traveler is prohibited from entering the US. The equipment may be seized only if the DHS secretary, or a relevant federal or state law enforcement agency, obtains a probable-cause warrant on the belief that the equipment contains information that either violates a law, provides evidence of illegal activity or is foreign intelligence material.

Department of Homeland Security Privacy Office annual report

The DHS Privacy Office has released its annual report for 2009/2010. The latest and historical documents are available here: DHS | Privacy & FOIA Reports.

US government tips on avoiding prying eyes of foreign governments

The US Department of Homeland Security is warning government types travelling internationally that their electronic devices may be subject to seizure or intereception. Oh noes! Imagine such a threat to privacy and security!

Thank goodness they've provided some tips on how to avoid the prying eyes of oppressive governments. Of course, these tips weren't provided to the unwashed masses, but wikileaks has a copy of the "FOR OFFICIAL USE ONLY" document. See: US DHS: Foreign Travel Threat Assessment: Electronic Communications Vulnerabilities 2008 - Wikileaks.

I suggest reading it before travelilng into, out of, through, around or over the United States. Or any other intrusive country.