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Friday, February 24, 2017


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Chanson de Roland

Let us first dispense with the lose and inaccurate talk about refugees and applicants for visas having rights to not have to surrender their login credentials and/or their computing devices. They don't have any such rights, at least they don't under the U.S. Constitution. The U.S. Constitution only grants right to U.S. citizens and holders of green cards in their relations with U.S. governments, and particularly when U.S. citizens are present in the states or territory of the U.S. The U.S. Constitution doesn't confer rights on any non- citizens. Nor does international law grant any rights to non-citizens, because the U.S. Is a dualist state, that is, only the U.S. Constitution. and applicable laws of the federal government and the states are laws in the U.S., its territories, and its states.

Non-citizens only have rights as established by U.S. statue or regulation. The U.S. Supreme Court has also established some limited rights to due process and some rights that are inherent to due process, U.S. law, rights inherent to justice and decency, and/or pursuant to contract. But other than that, non-citizens don't have any rights.

So the question is more a matter of whether DHS's proposal (Proposal) is good policy. It is not. First, it would produce so much information that not even a fraction of it could be processed, and any sincere attempt to process it will exhaust important resources that could be best used otherwise to better protect the U.S. and her people. Then there are all the other reasons that the Editor reports, Supra and that are in the letter objecting to the DHS's proposal.

The only thing that could be worth all of these problems and evils is a reasonable probability of preventing harm to our people and/or our property. Yet, that reasonable probability can exist only where there is some cause for requiring a non-citizen to provide his login credentials and/or surrender his computing devices. Otherwise, our government will simply be wasting resources in the hope of luckily discovering some useful intelligence. The DHS might as well buy a lottery ticket and have just as much likelihood of acquiring any useful intelligence from its proposal.

It is much better law enforcement and intelligence to narrow the odds to favor DHS by having some reasonable cause for seizing a non-citizen's login credentials and/or his computing device, than to try to seize and search every non-citizens logon credentials and/or devices.


So much for Customs and Border Protection (CBP) officials to protect United States citizens and to target only the "bad guys" traveling from selective Muslim-majority countries:

Muhammad Ali Jr. Detained By Immigration Officials At Florida Airport

Simply, it questions other DHS statements about who they claim to be targeting.


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