08-06-2008, 02:54 AM | #16 |
Martin Kristiansen
Posts: 1,546
Karma: 8480958
Join Date: Aug 2007
Location: Johannesburg
Device: Kindle International Ipad 2
|
Well I always wanted to live in a Kafka novel. seems it may come to be
|
08-06-2008, 10:12 AM | #17 |
Addict
Posts: 256
Karma: 144599
Join Date: Jan 2008
Device: Boox Nova 2
|
I think you worry too much unless there is some reason YOU need to worry??? hmmm....
|
08-06-2008, 10:34 AM | #18 | |
Grand Sorcerer
Posts: 19,832
Karma: 11844413
Join Date: Jan 2007
Location: Tampa, FL USA
Device: Kindle Touch
|
Quote:
BOb |
|
08-06-2008, 10:51 AM | #19 |
Addict
Posts: 256
Karma: 144599
Join Date: Jan 2008
Device: Boox Nova 2
|
Well mainly I was trying to be slighty funny but at the same time trying to say don't worry. Now if your ereader contained a bunch of "questionable material" and you'll be jumpy and nervous at customs then maybe you should worry? Average Joe with the latest quick beach read or Tom Clancy, no worries. Unless you think they'll hassle you for your taste?
|
08-06-2008, 10:54 AM | #20 | |
Holy S**T!!!
Posts: 5,213
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
|
Quote:
|
|
08-06-2008, 10:56 AM | #21 |
Liseuse Lover
Posts: 869
Karma: 1035404
Join Date: Jul 2008
Location: Netherlands
Device: PRS-505
|
|
08-06-2008, 01:53 PM | #22 |
Has got to the black veil
Posts: 542
Karma: 2144168
Join Date: Aug 2007
Location: Southeastern Pennsylvania
Device: Kobo Aura One, Kindle Paperwhite 2
|
It doesn't matter if you have done anything "wrong" or not--they don't even have to have probable cause to confiscate your expensive gadget AND KEEP IT until they decide that you haven't done anything wrong.
|
08-06-2008, 02:24 PM | #23 | |
Holy S**T!!!
Posts: 5,213
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
|
Quote:
Just curious, you don't have an actual legal citation for that, do you?? I'd love to see it. Have they also suspended all of our other Constitutional rights and forgotten to tell us?? |
|
08-06-2008, 02:30 PM | #24 |
Holy S**T!!!
Posts: 5,213
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
|
Never mind ... never mind .... Homeland Security, immigration and customs apparently do not consider themselves to be subject to the US Constitution. And, the boobs in the 9th circuit apparently agree with them.
I'm going to have to get that case and read it to see what kind of back handed and twisted logic got them around the 4th Amendment. |
08-06-2008, 02:31 PM | #25 | |
Resident Curmudgeon
Posts: 74,015
Karma: 129333114
Join Date: Nov 2006
Location: Roslindale, Massachusetts
Device: Kobo Libra 2, Kobo Aura H2O, PRS-650, PRS-T1, nook STR, PW3
|
Quote:
Just be gald all you iLiad, V3, 500/505, & Gen3 owners that Oprah hasn't recommended such. But then again, only Amazon actually gave her a reader. Someone who could afford one millions of times over gets given one. Says that Jeff is a noodle and needs to be smashed into tiny little pieces. |
|
08-06-2008, 02:34 PM | #26 |
Grand Sorcerer
Posts: 8,478
Karma: 5171130
Join Date: Jan 2006
Device: none
|
Customs people aren't likely to be looking for illicit files on a device, and they won't know or care about stolen electronic files (too hard to search). You're more at risk from someone stealing the device itself, never mind the contents. So just relax, and try not to look so nervous!
|
08-06-2008, 02:35 PM | #27 | |
Hi There!
Posts: 7,473
Karma: 2930523
Join Date: Feb 2008
Location: Ft Lauderdale
Device: iPad
|
Quote:
|
|
08-06-2008, 02:40 PM | #28 |
Holy S**T!!!
Posts: 5,213
Karma: 108401
Join Date: Jun 2008
Location: San Diego, California!!
Device: Kindle and iPad
|
However .... I just finished reading the actual policy. http://www.cdt.org/security/20080716...h%20Policy.pdf
Having read it ... it states that it still requires probable cause. Further, they are not just confiscating people's laptops, iPods or ebook readers. They are permitted to make copies of the materials, but they are not to send original devices or documents in for examination ... unless there is probable cause to obtain a warrant. Having now read the policy ... while I think they are still skating on very thin ice, I can see why the 9th circuit upheld it. For the average traveller bringing their music or books across the border ... it's going to mean nothing much at all. |
08-06-2008, 02:54 PM | #29 |
Manic Do Fuse
Posts: 2,312
Karma: 3325462
Join Date: Oct 2006
Device: Sony 500, 505, 350, Kindle 3, DXG, nook, Irex DR800SG, iPad
|
Here is a summary of the case before the 9th Circuit:
The 9th U.S. Circuit Court of Appeals ruled Monday that border control agents who found child porn on a traveler's laptop didn't violate the man's right to be free from unreasonable searches. "We are satisfied that reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border," Judge Diarmuid O'Scannlain wrote. O'Scannlain went on to say that the defendant "has failed to distinguish how the search of his laptop and its electronic contents is logically any different from the suspicionless border searches of travelers' luggage that the Supreme Court and we have allowed." He was joined by Judge Milan Smith Jr. and U.S. District Judge Michael Mosman, sitting by designation from Oregon. The ruling appears to be the second upholding computer searches by border guards. The first, U.S. v. Ickes, 393 F.3d 501, was handed down by the Virginia-based 4th U.S. Circuit Court of Appeals in 2005. It involved a man who tried to drive into the United States from Canada with child porn on his computer. In Monday's case, Michael Arnold, who was 43 at the time, was pulled aside for secondary questioning upon arriving at Los Angeles International Airport from the Philippines on July 17, 2005. Customs agents examined the contents of his laptop computer, Monday's ruling noted, and found "numerous images depicting what they believed to be child pornography." A federal grand jury later charged Arnold with possessing and transporting child porn and with traveling to a foreign country with the intention of having sex with children. However, U.S. District Judge Dean Pregerson of Los Angeles suppressed the evidence after finding that customs agents violated Arnold's Fourth Amendment right against unreasonable searches. He held that they didn't have reasonable suspicion to search the contents of Arnold's laptop. In reversing, the 9th Circuit ruled that Pregerson erred in holding that a "particularized suspicion" was necessary before a laptop computer could be searched. The court also rejected Arnold's claim that the border agents had exceeded their authority by conducting a search in a "particularly offensive manner." "There is nothing in the record," O'Scannlain wrote, "to indicate that the manner in which the [customs] officers conducted the search was 'particularly offensive' in comparison with other lawful border searches. According to Arnold, the [customs] officers simply 'had me boot (the laptop) up, and looked at what I had inside.'" Los Angeles-based U.S. Attorney Thomas O'Brien praised the decision in a prepared statement. "The government needs to have the ability," he said, "to restrict harmful material from entering the country, whether that be weapons used by terrorists, dangerous narcotics or child pornography." Marilyn Bednarski, who represented Arnold, said the case has been widely followed "because laptops are so much a part of our lives, and the level of intrusion [allowed by the 9th Circuit ruling] into what we keep stored in our laptops is extraordinary." Bednarski, a partner in Pasadena, Calif.'s Kaye, McLane & Bednarski, said she plans to seek an en banc review by the 9th Circuit. She said she could understand that customs agents need to turn on a laptop computer to make sure it's not a bomb or a container full of illegal substances. But opening files bothered her. "What this decision allows [border agents] to do without limits," she said, "is keep opening up and keep reading forever." The ruling is U.S. v. Arnold, 08 C.D.O.S. 4533. Attached is the actual ruling |
08-06-2008, 04:44 PM | #30 | |
Wizard
Posts: 2,366
Karma: 12000
Join Date: Jan 2008
Location: Texas, USA
Device: Kindle; Sony PRS 505; Blackberry 8700C
|
Quote:
Were I to engage in unlawful behavior -- whether or not I agreed with the law -- I think I'd be a bit more paranoid and employ some level of personal protection. |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Free Borders ebooks through 7-14 | cheddy | Deals and Resources (No Self-Promotion or Affiliate Links) | 47 | 07-15-2010 02:35 PM |
I just saw ebooks at the Borders website | NNolan | News | 10 | 07-03-2010 12:34 PM |
Borders.co.uk 25% off ebooks ** today only | billposters | Deals and Resources (No Self-Promotion or Affiliate Links) | 9 | 07-07-2009 07:23 PM |
Sony eBooks at Borders | pilotbob | Sony Reader | 6 | 05-28-2008 01:39 PM |
how Borders should sell the ebooks | arivero | Sony Reader | 3 | 11-28-2006 02:05 AM |