Questions for TSA after reports of laptop and phone searches on domestic flights
1–10 of 212 posts
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#2A devil's advocate argument, for people to have something explicit to rebut here:
One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like.
And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly break a rule of the system. But airports are private companies...)
So, given that, is there a legal reason that there is no "airway patrol"?
I'm not suggesting they have the powers of random search & seizure that the TSA seems to have, mind you. But should there be state police that are stationed at airports, who search people when they have probable cause?
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#3It's possible the TSA will claim that taking a device for some amount of time and giving it back doesn't qualify as a (4th amendment) search.
However, from a security perspective it would be awful if they could disappear with your device whenever they wanted - that certainly makes me uncomfortable.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#4A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
That seems reaching to me. After all, highway patrol cannot simply start going through your belongings without probable cause which has a potential to be tested in court. Same rights are clearly not afforded to the air travelers in TSA interactions which seem to exist in a legal limbo right now.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#5I am TOTALLY ok with TSA reading my last text messages before I go on a flight.
Those last few texts someone sends before committing a terrorist action, could send an extremely strong signal to authorities and possibly prevent a disaster.
If the extra security results in a strange TSA agent getting to enjoy some surprise dick pics, well that's the price of freedom Jerry.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#6A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
That seems reaching to me. After all, highway patrol cannot simply start going through your belongings without probable cause which has a potential to be tested in court. Same rights are clearly not afforded to the air travelers in TSA interactions which seem to exist in a legal limbo right now.
actually they can and do every day!
https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...
"In May 2010 a couple was driving from New York to Florida and they were stopped by police because of a cracked windshield. During questioning, the officer decided that $32,000 cash in the van was "probably involved in criminal or drug-related activity", seized it, shared it with federal authorities under equitable sharing. The victim hired a lawyer to get back the seized money who urged settling for half of the seized amount, and after the lawyer's fees, the victim got back only $7,000."
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#7A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
> Presumably, air travel is a privilege, not a right, just like driving a car is.
Freedom of movement is a privilege, not a right? What can you possibly be talking about?
Did I miss a memo? The United States (and other common law societies) have a long history of enshrining freedom of movement as a fundamental right.
https://en.wikipedia.org/wiki/Freedom_of_movement_under_Unit...
Also, be reminded that the USA voted in favor of the UDHR, which reads in part:
* a citizen of a state in which that citizen is present has the liberty to travel, reside in, and/or work in any part of the state where one pleases within the limits of respect for the liberty and rights of others
and
* and that a citizen also has the right to leave any country, including his or her own, and to return to his or her country at any time.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#8A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
> It occurs to me that America has, in every state, a state-run "highway patrol" that searches for terrorists and drug trafficking and the like.
The state-run highway patrol is still subject to the 4th amendment (search and seizure.)
If you get pulled over by a LEO - they need consent, probable cause, or a warrant in order to rifle through your belongings.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#9A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
That seems reaching to me. After all, highway patrol cannot simply start going through your belongings without probable cause which has a potential to be tested in court. Same rights are clearly not afforded to the air travelers in TSA interactions which seem to exist in a legal limbo right now.
As a followup to this (and response to preceding comment), a quick Google search shows that all airports aside from one in the US are owned by the government, which I believe must meet certain standards that we don't require of private entities in terms of rights of access.
Re: Questions for TSA after reports of laptop and phone searches on domestic flights
#10A devil's advocate argument, for people to have something explicit to rebut here: One of the guises state police operate under in America is the "highway patrol"—a force that searches for terrorists and drug trafficking and the like. And presumably, air travel is a privilege, not a right, just like driving a car is. (Or is it? Taking public transit is a right that can't be denied to someone unless they explicitly bre…
How come that thing that is a thing isn't a thing?
https://en.wikipedia.org/wiki/Federal_Air_Marshal_Service
4,000 law enforcement officers.
But that is separate from what powers we as a society should allow them.