January 1, 2014

MAYBE WE SHOULD AMEND THE FOURTH AMENDMENT BY ADDING THE WORDS AND WE REALLY MEAN IT! Court Upholds Willy-Nilly Gadget Searches Along U.S. Border.

A federal judge today upheld a President Barack Obama administration policy allowing authorities along the U.S. border to seize and search laptops, smartphones and other electronic devices for any reason.

The decision (.pdf) by U.S. District Judge Edward Korman in New York comes as laptops, and now smartphones, have become virtual extensions of ourselves, housing everything from email to instant-message chats to our papers and effects.

The American Civil Liberties Union brought the challenge nearly three years ago, claiming U.S. border officials should have reasonable suspicion to search gadgets along the border because of the data they store. But Judge Korman said the so-called “border exemption,” in which people can be searched for no reason at all along the border, continues to apply in the digital age.

Alarmingly, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation’s actual border.

Hopey-changey. It’s sort of funny to see Wired call this a “President Barack Obama administration policy.” No weasel-worded “government” reference there.