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Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

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361–370 of 617 posts

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#361

Earlier quoted context omitted.

If you're on US soil you're subject to US law, including all provisions of the Constitution. And the Constitution makes a distinction between 'citizens' and 'people' (i.e., everybody, including noncitizens)

Aside from all the arguments brought up so far, there's that word "unreasonable" which the courts have historically interpreted with an "expectation of privacy" standard. You have a high expectation of privacy when you're in your house, somewhat less when you're in a car, and much less when you're entering an airport or crossing a border. In the old days, it was routine for customs officers to search ships coming in…

"In the old days" is just Argument from Tradition. We also used to treat infectious disease as demonic possession. Next argument, please.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#362
post #158

Earlier quoted context omitted.

I'll (possibly inaccurately) assume this is in good faith. The most obvious reason that profiling is bad, even in your inaccurate and simplistic hypothetical scenario, is that just because all airplane terrorist attacks came from people of X country, does not imply that everyone from X country commits terrorist airplane attacks. Therefore you are unfairly and immorally forcing invasive searches on many innocent peopl…

Israel profiles like crazy and it works well. When I was traveling through there, I got a lot more questions. It just makes sense. A lone adult males traveling versus an Israel senior citizen.

Israel is an apartheid state founded on ethnonationalism from day 1. I don't think it's a great example to follow.

the parent's assumption is "if you have any empathy for X people". from deir yassin to modern day. That assumption does not hold.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#363
post #125
post #32

Earlier quoted context omitted.

Unpopular opinion: why is profiling bad in context of airplane security? If 100% of airplane terrorist attacks are carried out by people of X country (Xians), and 0% of airplane terrorist attacks are carried out by people from Y country (Yians), it seems like a pointless charade of political correctness to check Xians and Yians with equal frequency. I say profile the heck out of Xians. Stop and frisk 100% of Xians an…

It sounds like you don’t care about the damage done by searching innocent people. Of course, if you don’t care about that, then just search 100% of all people! Why profile at all?

Profiling everyone is inefficient

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#364
post #228

Earlier quoted context omitted.

It depends on the entry point. If I go through US customs in the Toronto airport, it's on Canadian soil. If someone there is having an issue with the process, they can withdraw their entry request and leave. That's perfectly fine and they shouldn't be punished for it. You don't have that option if you use a land crossing as you're physically inside the US.

Why would you be in US customs in a Canadian airport? I didn't know that exits.

The Bahamas also has US customs there. You do the immigration part before boarding your plane. And you land on the US on a domestic terminal and don’t go over customs.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#365
post #156
post #50

Earlier quoted context omitted.

Your opinion is unpopular because it makes no sense and does not improve security. The attacker will simply recruit a "Yian" because that's your blind spot now.

I would actually argue it does improve security since you're spending more time on the people who have a higher probability of being a terrorist versus those that don't. What doesn't improve security is just random screening where you're frisking 4-year olds and senior citizens and letting the adult males walk on by.

It takes months to years for the regulation and security to start direct profiling a specific group. It takes this group a few days to change strategy. It's not very effective to have tunnel vision.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#366

Earlier quoted context omitted.

"The same thing that stops all tyranny. A vigilant and engaged citizen body." Because I'm interested, what would be the top three situations where that happened that come to your mind?

You may recall a certain war faught against the British...

The UK was a tyranny at that time? How would you define tyranny then?

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#367
post #357

Earlier quoted context omitted.

I travel across the US Canada land border from time to time (in the mountain west). My experience has been that Canadian officials are universally civil and respectful while US officials are universally not.

As a frequent traveler between the US and Canada, I’ve only ever got grief (including accusations of smuggling) from Canadian officials. Going to the Us side it’s usually a simple “have a nice day”. And I have Canadian citizenship.

Same here. https://borderprivacy.ca/

Signed and donated. It happens to me every, single, fucking, time, losing 1 hour every trip back home.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#368

Earlier quoted context omitted.

> what stops the TSA/DHS from saying "We suspect you are a terrorist; please unlock your phone"? The same thing that stops all tyranny. A vigilant and engaged citizen body. Practically, this means donating to the ACLU and related groups. It also means, if you’re party to injustice, suing or reaching out to organisation who can help you sue to assert our rights.

"The same thing that stops all tyranny. A vigilant and engaged citizen body." Because I'm interested, what would be the top three situations where that happened that come to your mind?

I would really be interested in case where 'A vigilant and engaged citizen body.' stopped tyranny.

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#369
post #190
post #180

Earlier quoted context omitted.

So what you're proposing is that we should take the set of countries that have had an airplane terrorist and check 100% of people from those countries, and none of the others? So because once a British man tried to light his shoes on fire to blow up a plane we should specially check 100% of the 3.8 million British citizens traveling to the US per year, but we should check 0% of those traveling on North Korean passpor…

How about more like your country gets more strikes the more airplane terrorists you've had? So Britain has 1 strike, but Saudi Arabia has probably 20+ strikes. So you are 20x more likely to be searched if you are Saudi Arabian than British. And if you are from a country that has never had an airplane terrorist, like North Korea, why should you be screened? Maybe you should be profiled for other things, but not terror…

[deleted]

Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

#370

Earlier quoted context omitted.

If you're on US soil you're subject to US law, including all provisions of the Constitution. And the Constitution makes a distinction between 'citizens' and 'people' (i.e., everybody, including noncitizens)

Aside from all the arguments brought up so far, there's that word "unreasonable" which the courts have historically interpreted with an "expectation of privacy" standard. You have a high expectation of privacy when you're in your house, somewhat less when you're in a car, and much less when you're entering an airport or crossing a border. In the old days, it was routine for customs officers to search ships coming in…

It's like everybody who's replying to you didn't read your last paragraph
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