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Fed judge Upholds Government's Right to Seize Electronics at Border
NYT: The government's right to search travelers' electronic devices at the border and to apparently hold these devices for an unlimited amount of time, hence the word "seize" I put into this headline. was upheld in a ruling released by a federal judge on Tuesday, which dismissed a lawsuit challenging this policy. In his opinion, Judge Edward R. Korman of the Federal District Court for the Eastern District of New York found that the plaintiffs did not have standing for their lawsuit because such searches occur so rarely that "there is not a substantial risk that their electronic devices will be subject to a search or seizure without reasonable suspicion." I don't follow his reasoning there, but IANAL. Even if the plaintiffs did have standing, Judge Korman found that they would lose on the merits of the case, ruling that the government does not need reasonable suspicion to examine or confiscate a traveler's laptop, cellphone or other device at the border. The National Association of Criminal Defense Lawyers and the National Press Photographers Association were also plaintiffs in the case, arguing that their members travel with confidential information that should be protected from government scrutiny. In rejecting this argument, Judge Korman cited the rarity of electronic device searches and questioned whether travelers need to carry computers containing sensitive data when they travel abroad. "While it is true that laptops may make overseas work more convenient," he wrote, "the precautions plaintiffs may choose to take to 'mitigate' the alleged harm associated with the remote possibility of a border search are simply among the many inconveniences associated with international travel." IANAL, but this is a crock
Posted by: Anguper Hupomosing9418 2014-01-01 |
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| http://www.rantburg.com/poparticle.php?ID=382797 |