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Culture > California > Re: Fourth Amen...
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Re: Fourth Amendment Bestirred (Digital and Internet Privacy)

by lorad474@[EMAIL PROTECTED] May 7, 2008 at 12:05 PM

On May 7, 12:01=A0pm, Branson Hunter <bh2...@[EMAIL PROTECTED]
> wrote:
> DIGITAL AND INTERNET PRIVACY - LOSSES AND WINS
>
> Founding Fathers Know Best? =A0Not exactly. =A0The Fourth Amendment was
> dumped right here in Los Angeles.
>
> In in United States vs.Arnold, you'd think the Federal Court of
> Appeals in the Ninth Circuit =96 Central District of California (in Los
> Angeles) =A0would emphasize judicial restraint and fidelity to the
> original meaning of the Constitution =A0and laws. =A0You would think a
lot=

> of things, but a fact of life is that international air****ts and
> customs were given unfettered power to federal authorities to
> disregard the right of the people to be secure in their persons,
> papers and effects. The court ruling applies as well to Americans and
> Legal Residence when reentering at the border. The decision =96=96
United
> States vs. Arnold allows a search your laptop or other digital device
> (laptops and iPhones, et cetera) without limitation. =A0A Federal Judge
> ruled that "no cause" is required in order to search your personal
> property. There is no reasonableness to this decision, the Judge
> tossed that out too. It=92s pretty much Carte Blanche, unrestricted
> power -- undercutting the Fourth Amendment protection against
> unreasonable searches and seizures. =A0The Judge bestirred the heart for
> the Fourth Amendment Clause, he struck down a showing of probable
> cause.
>
> Unfettered electronic device searches also endanger trade secrets,
> attorney-client communications, and other private information.
> number of professional organizations filed amicus curiae (friend of
> the court) briefs arguing for the Appeals Court not strike down the
> Fourth Amendment. The integrity and fidelity of search and seizure was
> put to death. Some groups signed a letter asking Congress to hold
> hearings to find out what protocol, if any, Customs and Border
> Protection follows in searching digital devices. The letter asks
> Congress to pass legislation protecting travelers=92=92 laptops and
smart
> phones from unlimited government scrutiny.
>
> Microsoft is giving away forensic tools that can quickly search an
> entire hard drive; it won't be
> long before customs agents can efficiently perform a thorough search
> on every machine. So long
> as there are no protocols or oversight for these searches, every
> traveler's personal information is
> at risk.
>
> How can international travelers protect themselves at the U.S. border,
> short of leaving their
> laptops and iPhones at home? Encryption is one (imperfect) answer. If
> you encrypt your hard
> drive with strong crypto, it will be prohibitively expensive for CBP
> to access your confidential
> information. This answer is imperfect for two reasons: one is
> practical, the other is technological.
>
> See: =A0 U.S. vs.
Arnoldhttp://www.ca9.uscourts.gov/ca9/newopinions.nsf/6D=
5D931898D8168188257...
>
> See: =A0 Amicus
Curiaehttp://www.eff.org/files/filenode/US_v_arnold/arnold=
_amicus.pdf
>
> Protecting On Line Privacy - More on Digital and Internet Privacy
> The better news is a New Jersey Court case. The Court honored the
> wisdom of the Founding
> Fathers. A Federal Court ruled web users have an "expectation of
> privacy in their Internet activity
> and ISP addresses." The ruling is thought to signals the court is
> concerned about privacy erosion
> in a society where date is increasingly stored digitally. For
> optimist, the holding is "harbinger of a
> trend" toward protecting on line privacy. For more
information:http://www.=
eff.org/cases/usvs.
> arnold
>
> California Assemble Bill AB 2444
> Here is something from the California Assembly, AB 2444: If passed, it
> protections from bogus
> lawsuits as an excuse to force ISPs to reveal users identities, and
> provides for attorney fees for
> users who successfully oppose a lawsuit.
>
> Six Tips to Protect Your Privacy on the Internet
> Http://www.eff.org/wp/six_tips_protect_your_search_privacy
>
> More Information, Digital and Internet
privacy:http://www.eff.org/deeplink=
s

Good useful patriotic post.. thank you.
 




 9 Posts in Topic:
Fourth Amendment Bestirred (Digital and Internet Privacy)
Branson Hunter <bh2322  2008-05-07 12:01:47 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
lorad474@[EMAIL PROTECTED  2008-05-07 12:05:15 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
richard <i.do.not@[EMA  2008-05-07 14:18:47 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
Larry <x@[EMAIL PROTEC  2008-05-07 21:59:10 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
richard <i.do.not@[EMA  2008-05-08 21:06:56 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
Larry <x@[EMAIL PROTEC  2008-05-09 00:17:09 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
richard <i.do.not@[EMA  2008-05-08 22:41:34 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
Larry <x@[EMAIL PROTEC  2008-05-09 03:13:44 
Re: Fourth Amendment Bestirred (Digital and Internet Privacy)
richard <i.do.not@[EMA  2008-05-09 02:53:39 

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tan13V112 Sun Jul 20 2:02:55 CDT 2008.