Homeland Security New Guidelines on Computer Searches

Executive Summary – The DHS recently (late August 2009) published a clarification of its privacy policy regarding searching computers and electronic media at the borders. Basically they can search what ever they want for any reason. Their policy reads as follows:

“ICE [Immigration and Customs Enforcement] Special Agents acting under border search authority may search, detain, seize, retain, and share electronic devices, or information contained therein, with or without individualized suspicion, consistent with the guidelines and applicable laws set forth herein.”

"Assistance to complete a border search may be sought from other Federal agencies and non-Federal entities, on a case by case basis, as appropriate."

"In such situations, Officers may transmit electronic devices or copies of information contained therein to seek technical assistance from other federal agencies,"

Implications – They can search any computer, IPOD, Flash Drive, Cell phone etc of any person attempting to cross their borders. We are not clear if this includes people leaving the USA but they will probably just assert that authority any time they want to. They do not need probable cause. They do not have to tell the person what information was copied, seized, detained etc. If you are not nice to the airport police now they can punish you with confiscation of your computer, cell phone etc. They can return it whenever they are finished with it, which could be years and years later. You could go and retain a lawyer but what will that cost and what are you trying to recover a $1500 laptop. Well the data is worth a lot you might say. Then consider that the data may have been damaged in their investigation. Dead end. Forget trying to use a police state against itself, urban myth that never works.

The Fix – If you need to cross borders and are worried about confiscation of data the fix is really quite simple. You arrange for hard drive space on a server not in the USA. Then you upload all your sensitive files to that server. Encrypt files first if you like. Then remove the files that you uploaded from your hard drive. Make sure you get a file erasure program that overwrites the files with a series of X’s and O’s seven times. This will make the data unrecoverable. Just deleting the files will not make it unrecoverable. You will have to upload the files and then download them later but you get to keep your data private.

Make sure you delete all browser history. If you really want to be secure upload your files and then reformat your hard drive about seven times. This will sanitize your computer quite well. Then reinstall the operating system from the discs and the software gets reinstalled as well. This will really keep you secure. For your bookmarks, which are something they will look at, use a service that lets you share bookmarks. Load them up, erase them and then reinstall when threat is past. Best way to erase bookmarks is to uninstall and then reinstall the web browser the bookmarks were in. Do have a program that overwrites your free hard drive space and run it at least seven times. This is mandatory for privacy.

Good idea to load up some innocuous data into the computer and meaningless bookmarks like to google, yahoo, cnet etc. Remember they are charging people who have traces of copyright material on their computers like movies and music that can be construed to be copyright violating. Books and files can be construed to be terrorist material or anti-American material. The fact that you are not an American is meaningless. You are on their soil and you have contraband and they can arrest you, fine you, confiscate your computer, and throw you out of the country and block your return.

For your cell phone upload your phone numbers to a file and put them in your computer. Then upload them to a server with other files. Then download them and enter them into phone. Need a phone that connects to computer.

For other devices same drill. Transfer files to computer and upload them, then download them.

Never have your browser or any other program retain your passwords for banking, email or anything else.

Encryption – Bad idea to use if carrying computer or other device across their border. If they see encryption they will probably force you to unencrypt it or go to detention or jail for interfering with a government internal security operation. Forget the Fifth Amendment, that only applied to the old America. Take files off of the computer and let them inspect the entire computer and find nothing. You of course can encrypt your files before you load them up on server for security. Any encryption method you can find, they too can find and know about it including hidden encrypted hard drives.

Can they break encryption? Doubtful, if it is a good open source program like truecrypt and you set it to a high enough level. If they could get into it they would do so by cracking the password through educated guess or brute force. If the password is 13 characters, case sensitive, alpha numeric with punctuation then it is doubtful. If you did same but went out 33 characters then it would be amazingly hard and would tie up massive resources for months or longer and then the computer might wear out before they got the password correct.

If you really want security use a good open source program other than open source pgp first. Then take this encrypted product and encrypt it a second time with PGP so it looks like PGP encryption. This will take them a real long time to figure out and they probably could spend months before giving up. If you write the original text without using your name or email it gets harder. If you eliminate spaces between words harder yet. Do not use paragraph breaks, no commas and no periods and harder yet. Use two or three languages in the message harder yet. See they cannot break good encryption which is why they charge you if you do not open the encryption for them. If they take computer to the lab they might get in if the person doing the encryption did not understand what was going on in the world of encryption.

Their first line of attack with good open source encryption software done correctly is to try guessing your password. They use the obvious ones and permutations of these. A good password randomizer going out 33 characters alpha numeric, case sensitive with punctuation is about impossible to break. Remembering the password is hard to remember so it can be uploaded to a server, it can be inserted in a description of a jpeg on a server somewhere not publicly accessible. It can be put in an email inside of an email account. You can load it up places half in each place. Be creative but keep it off of the computer and off your person.

Summary – If crossing the border make sure you review all your files and software. Anything that could cause issues of any sort delete and remove or upload to a server in a different country using encryption if you prefer. Do erase files with a secure program overwriting deleted files seven times. Then overwrite all your free hard drive space seven times. Watch your bookmarks. Have no passwords saved in browser or elsewhere. They could search your computer upon departure so be careful. Best advice is do not go there. Send them the message this way. Treat me poorly and we will go elsewhere.

Secure, Private Email: staff@panamalaw.org To protect your privacy, you can communicate with us on our private email server. PGP encryption is available for this address. Our PGP key is available here.   Free, easy voice communication: Skype is a free and easy to use piece of communication software that lets you talk to us by voice or type in a chat with us. The voice quality is excellent and it is free to use. Skype has encryption so the ISP has no idea what was said or typed. This is casual security only. When using Skype be sure to: 1. Go to your system preferences and make sure the correct microphone and speakers are enabled. 2. Go to Skype preferences and make sure the correct microphone and speakers are enabled and the volume is up. Please make the free Skype test call to see if it is working correctly. Our Skype user name is: PanamaLaw.org   http://zfoneproject.com You can use Yahoo Messenger Voice chat with zFone for VOIP communication with encryption. Zfone is open source code software which means no back doors. Together you will have unbeatable military grade encryption. This is the best secure encrypted communications method out there. YMessenger: panamalaworg For complete details, download links and step-by-step instructions, See this page.

Disclaimer

*Offshore Legal Associates Law Firm.We have no legal ties or associations with any other law firm or corporation with similar or like sounding names anywhere and should not be so confused with any other entity having a similar or like sounding name.