As my wife and I prepare for a vacation abroad (Italy, Greece, Croatia, and Turkey), I began to think about the effect identity theft has on family vacations.
In 1965, my family took our first car vacation. That year, my dad bought our family's first car -- a new, dark blue, big, powerful, 4-door 1965 Chrysler New Yorker. I was 10. We didn't have credit cards cards. My mother withdrew from her savings account enough cash for the trip, and away we went. I remember a spectacular car vacation to Portland (Maine), Mt. Washington (New Hampshire), and Halifax, Nova Scotia (Canada).
Fast forward 40+ years. Are things better?
Yes, we have the convenience credit cards provide. Last week, I found myself planning how, when and what payment type I'd use during our vacation. That's a complication my parents didn't worry about. I'd use credit cards to pay for expenses on board the cruise ship. For safe shopping in the port cities we'd visit, I'd use local currency (Euros) or travelers checks at retail stores; not credit cards.
Plus, I wrote to my credit card issuers informing them of my travel dates and the countries to expect charges from. The last thing I wanted to have happen is for my credit card issuers to block my credit card because of charges outside my normal charge area.
But, there's more. If I need more local currency, I'd use my debit card (or a credit card) only at a bank to get the best exchange rate. Then, I went online to see if the foreign exchange fee (e.g., usually one to three percent of the amount withdrawn) applied to my credit cards and debit card. In my opinion, this fee is robbery. It should be a flat fee, not a percentage. My bank doesn't do any more "work" for 1% of US $50 vs. 1% of US $500. It's still an electronic funds transfer... bits and bytes. (Yet, another example of the tilt in the playing field.)
Then, I read several blog posts about a new screening policy by U.S. Homeland Security. I was highly disturbed to learn recently that U.S. citizens traveling outside the United States can basically kiss their right to privacy goodbye, along with their laptop computer, digital camera, and cell phone.
It seems that border security can seize your laptop, cell phone or camera without reasonable suspicion or probable cause for an indefinite period. I am not making this stuff up. You can read the Secretary Chertoff interview and download the new Homeland Security policy (PDF, 5 pages, 161 KB). The new border policy says (bold added for emphasis):
"In the course of a border search, and absent individualized suspicion, officers can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States, subject to the requirements and limitations provided herein...Officers may detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a thorough border search. the search may take place on-site or at an off-site location."
How long is reasonable? Is it four hours, four days, five weeks, or six months? A year? The policy doesn't say. Nor does the new policy state how Homeland Security will track or notify the affected citizen about where your laptop is and when it will be returned.
Regardless of what the 9th Circuit Court said, this seems to fly directly against the Fourth Amendment of the U.S. Constitution:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Notice the part in the new Homeland Security policy about, "absent individualized suspicion." If border agents have general suspicion, they can stop you or me even though we have nothing to do with that general suspicion. "Reasonable suspicion" is not the same as "probable cause."
I know that some people believe that these are extraordinary times that deserve extraordinary actions against our country's enemies. I'm all for strong action, but there has to be a balance. Strong action doesn't mean abandoning the U.S. Constitution and the Bill of Rights by seizing innocent citizens' personal belongings without suspicion or an explanation probable cause. If we abandon the Constitution and our principles, then the terrorists will have won.
Some people will surely say, "If you've done nothing wrong, you have nothing worry about. They won't take your laptop." These people miss the point and don't understand (or haven't read) the U.S. Constitution. Either you live by the Constitution or you don't. It's not an optional thing to skip when times get difficult. The Fourth Amendment was inserted for a reason. The Founders had experienced life without certain rights, which they made sure to include in our country's Founding documents.
Others will say that this is a fuss about nothing since the court deemed this policy Constitutional. What? First, read the Fourth Amendment yourself. Second, I remember our government criticizing "activist judges" when those judges made rulings that conflicted with federal policy or ideology. Prior courts held this policy unconstitutional. This ruling seems like an "activist judge" ruling to me.
In a few days, my wife and I leave for vacation to celebrate her 50th birthday and our 9th wedding anniversary. I am hoping that some over-zealous border security agent doesn't arbitrarily seize my laptop with our vacation photos when we return. We'll see what happens.
If you have a problem with this new border policy (and I sincerely hope that it does bother you), I encourage you to write to your Congressional representatives. Tell them that Congress needs to rein this travel and privacy abuse by the Department of Homeland Security. If you have been harassed by a border security representative or government watch list, you can share your story at this web site.
Comments