Legislation & Lobbying
Bill Would Restrict Border Searches of Laptops
Posted Sep 30, 2008 8:35 AM CST
By Debra Cassens Weiss
A bill to restrict border searches of laptops and other electronic devices has been introduced by Sen. Russ Feingold, D-Wis.
The bill would require customs agents to have a reasonable suspicion of wrongdoing before an inspection, and would allow the government to hold seized items for only 24 hours before seeking a warrant, the New York Sun reports on its last day of publication. The bill bars racial profiling, but it protects only Americans.
Currently, federal agencies assert they can confiscate and copy laptops at U.S. borders for virtually any reason. Previously the government had required probable cause that a law had been broken before agents could copy material being brought into the country.
The article is by Josh Gerstein, published on his last day at the Sun. The conservative newspaper announced it is shutting down today after it was unable to raise money to keep on publishing.
- How B of A’s GC Got Fired: Leave Now, and Leave Your BlackBerry Behind
- Schools Ranked by 'Super Lawyers' Produced
- Law Firm Price Wars Break Out as Some Try ‘Loss Leader’ Bids for Work
- Five Questions for Law Firms Abandoning Lockstep Compensation
- Judge Jails 2 Attorneys for Contempt in 4 Days
- Reed Smith Will Ask Nonequity Partners to Pony Up Possibly 15% of Pay
- Court Deputy Ordered to Apologize or Face Jail After Taking Lawyer's Paperwork
- Skadden Jumps on the Bonus Bandwagon
- ABA Executive Director Resigns
- Nasty Attitude to Co-Worker, Naughty Word in E-Mail Cost 2 Their Jobs
Should Supreme Court Justices Be Able to Review News Accounts Before Publication?
Comments
J.D.
Sep 30, 2008 8:51 AM CST
Bill’s proposed title: “The Illegal Alien, Smuggler, and Terrorist Protection Act.”
Flag this comment
Heidi O
Sep 30, 2008 10:30 AM CST
Yes, JD, I am certain that laptops are being used regularly to smuggle aliens and terrorists into the U.S. Do you own a copy of the United States Constitution?
Flag this comment
J.D.
Sep 30, 2008 11:27 AM CST
Heidi, dear, do you own a copy of the 9/11 Commission Report? Have you followed the immigration debate at all?
Laptops have and are being used to smuggle ID data for use by both illegal aliens and terrorists. They’re also helpful with money laundering operations (enjoyed by gangs and drug smugglers, for example). And there is plenty of evidence—although just a little imagination would suffice—to suggest that directions for assembling bombs is being brought into the county via laptops (a tactic necessary to avoid any CIA data-mining operations).
But if you’re concerned about the constitutionality, let’s have someone appeal it to the Supreme Court.
Flag this comment
khazeh
Sep 30, 2008 12:44 PM CST
J.D., dear, if and when you take a bar exam and practice law, you may need to be concerned about client confidentiality. Of course, that all assumes that you pass your Con Law class, where you will learn about Fourth Amendment jurisprudence.
Flag this comment
J.D.
Oct 1, 2008 5:42 PM CST
Perhaps it would do you both some good to review how aliens are held to a different standard and how the 4th Amend. has a different analysis along the border.
At the end of the day, law changes as does legal interpretation. Battle it out in the court. Regardless of the result, drug runners, terrorists, and illegal aliens would find this bill useful. Nether of you have challenged my original point, but have chosen to call me an idiot instead. Such great legal minds, here.
Flag this comment
Add a Comment
We welcome your comments, but please adhere to our comment policy.
Commenting has expired on this post.