Quote:
Originally Posted by acidzebra
I stated "...or wherever" but you omitted that. I think the policy lists a number of agencies, but no matter - the crux is they CAN take your stuff (for no other reason than a highly qualified border guard thinking you look fishy), while in an earlier post you argued "they are not confiscating your digital media or documents when you enter a country" but now you are arguing that they may take it, but only for this "reasonable amount of time" for which I apparently need an education in law to appreciate it. Which I don't have, I'm a lowly network engineer."
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Well, keep reading .... they are supposed to take "copies" and only the orginal media if that is necessary to the search. As mentioned, for 99.9 percent of the people passing through US Customs, the new policy will mean very little, if any, change. The only reason I can see them taking someone's digital device for further examination, is that the cursory search uncovers something fishy (for lack of a better word).
And, yes, taking something for an extended search when the initial search has uncovered something that makes an extended search necessary, and subjecting that something to an extended search "for a reasonable period of time" is not the same as confiscation. When something is confiscated, the person it is taken from does not get it back.
That is something the people using this term either do not understand, or do not care to mention, since saying your stuff is going to be confiscated for no reason at all sounds so much more interesting. It just happens not to be true.
Quote:
Originally Posted by acidzebra
And I realise this. The author is Daniel J. Solove, associate professor of law at the George Washington University Law School. It was published in the San Diego Law Review, Vol. 44, p. 745, 2007 and GWU Law School Public Law Research Paper No. 289. But you have made it abundantly clear that you won't read it, which is fine.
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Oooo .... a real live law review article?? Oh, wow .... I wrote one of those once. Yep ... they have no force of law whatsoever. None. Zip. And, you say this guy is an "associate professor"?? So ... low man on the totem pole writing for a law review I have never heard of (and I practiced in San Diego for close to 20 years). That's really impressive. I should really drop everything I'm doing and listen to what this clearly brilliant individual has to say. (And, just in case you are missing the sarcasm here .... trust me, it's there.)
Quote:
Originally Posted by acidzebra
The Netherlands is one of the most liberal societies I know which tries to define 'free' as broadly as possible. Sure it is not perfect and the weather sucks, but what are you going to do. And I didn't realise I needed "standing" to voice my opinion on an open internet forum, on a post titled "anyone worried about US borders wrt ebooks".
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You only need standing to make complaints about the rights of citizens being infringed ... and like that there. Yes ... Netherlands ... liberal society ... everyone gets along so well. Must remind myself to tell you the story of Anne Frank some day. She was a citizen of the Netherlands as I recall ... and it was another citizen who turned her in.
But, hey .... anytime someone is quoting second rate law review articles and song lyrics to defend their position ... well, it's a sorry state of affairs.
As mentioned ... if you are all that worried about what US Customs is going to find on your digital device, then before coming to the US:
1. Remove all child pornography from all digital devices;
2. Remove your plans for building a dirty bomb;
3. Remove all pirated digital media;
4. Remove all company materials that are comprised of:
a. Child porn;
b. Plans for building a dirty bomb;
c. Pirated media;
d. The details of your drug smuggling operation.
Or, if it is impossible for you to remove these materials from your digital device, then why not consider travelling in the Netherlands?? They have a liberal society. They'd just love to have a few thousand people murdered at The Hague.
