Customs and Border Protection

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ACLU Files FOIA Request for Unreleased DHS Privacy Report on Laptop Searches at the Border

By Katie Haas, ACLU Human Rights Program at 10:07am

Aiming to determine the impact of border searches on Americans’ civil liberties, the Department of Homeland Security has produced a report on its policy of combing through and sometimes confiscating travelers’ laptops, cell phones, and other electronic devices—even when there is no suspicion of wrongdoing. The report was completed sometime between October 2011 and September 2012, and last week DHS quietly posted only the executive summary on its website, without many people noticing.

ACLU Sues Over Abuse Of Photographers By Border Patrol Agents

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm

The ACLU of San Diego filed a lawsuit today against the U.S. Customs and Border Protection agency (CBP) for violating the constitutional rights of two photographers, and for maintaining an official policy prohibiting the use of cameras and video recorders at or near U.S. crossing points, which violates the Constitution.

Border Patrol Must Stop Hiding the Truth About Its Uses of Force

By Chris Rickerd, ACLU Washington Legislative Office at 10:24am

Border Patrol agents work in dangerous situations which can lead to tragic consequences like the shooting death and wounding of agents in Arizona this week.  There is no justification for such violence targeting law enforcement officers.  Yet there is also a crisis regarding use-of-force by Customs and Border Protection that is severely damaging the agency’s integrity (CBP is the Border Patrol’s parent and includes officers who work at ports of entry).  The many recorded incidents of CBP fatalities and abuses demand a comprehensive, independent investigation of CBP policies and practices, as requested by members of Congress, the Inter-American Commission on Human Rights, and the Office of the United Nations High Commissioner for Human Rights.  A permanent, arm’s-length oversight commission for CBP must also be created.

The U.S.-Mexico Border: Safer than Ever

By Shawn Jain, ACLU & Vicki B. Gaubeca, ACLU of New Mexico at 10:05am

Over the weekend, "NBC Nightly News" aired a segment on ranchers in rural Arizona concerned with border security. As is so often the case with media coverage of the border, this segment only included one side of the story – ranchers concerned about smugglers. Not included in this piece were the voices of many community members in the southwest—including ranchers – who are critical of the massive scale-up of border security, and the effect that it's had on their communities and ranches. For example, we have heard complaints from ranchers in the New Mexico boot heel region, who are concerned with Border Patrol agents "tearing up their land" or killing their cattle without paying them for their loss.

License Location Data Sharing Marches Forward

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 3:36pm

Yesterday Andy Greenberg of Forbes published some shocking information, courtesy of a FOIA project done by our friends over at the Electronic Privacy Information Center (EPIC): US Customs and Border Protection is sharing our license plate information with private insurance companies, without any public debate or even forthright public disclosure.

Getting Nothing for Something: (Over)spending at the Border

By Georgeanne M. Usova, Washington Legislative Office at 11:20am

If most employers learned that their employees had been falling asleep on the job out of sheer boredom, the last thing they would do is hire more people to do the same work. That, however, is just what U.S. Customs and Border Protection (CBP) has done in recent years — as spending continues to balloon in spite of a dramatic decrease in the number of apprehensions along the border.

Today, the House Appropriations Homeland Security Subcommittee will hold a hearing on a proposed budget for CBP in 2013, featuring testimony from Michael Fisher, Border Patrol chief, and several CBP assistant commissioners. Unfortunately, the Department of Homeland Security's 2013 budget request continues down the same path of excessive, wasteful spending that has characterized the last decade.

Government Claims Unlimited Discretion to Look Through Your Laptop at the Border

By Ben Siracusa Hillman, Speech, Privacy and Technology Project at 5:42pm

Last May, U.S. Customs and Border Patrol agents searched and took Pascal Abidor's laptop and external hard drive when he was returning home to New York City from Montreal, Canada, where he attends graduate school. When his laptop and hard drive were returned to him 11 days later, Abidor discovered agents had opened numerous files, including personal photographs, a transcript of a chat with his girlfriend, copies of email correspondence, class notes, journal articles, tax returns, his graduate school transcript, and his resume.

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:52pm

A few links that have caught our eye this past week:

Earlier this month in response to the Pauls’ Internet Manifesto I pointed out that the internet “was created by the government.” Monday Gordon Crovitz wrote a column arguing that this was an “urban legend,” and that the internet “reaffirms the basic free market critique of large government.” Since his column went to print, it has been thoroughly debunked by many experts, including Vint Cerf, Robert Metcalfe, Tim Berners-Lee, and even internet history expert Michael Hilzik, whom Crovitz quotes in his column. Media Matters, summing it up, asks whether the WSJ will issue a correction lest a nation full of Journal readers be left with a falsehood.

More Federal License Scanners Reported

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:15pm

(Updated below)

LA Weekly has published an investigative report on the use of License Plate Scanners in Southern California. In addition to reporting that the rapid embrace of the technology by local law enforcement has led to “one of the most densely concentrated license plate recognition systems in the United States,” the article includes this signficant piece of news:

Homeland Security Investigates Questioning of Muslims at the Border

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 11:23am

In February 2010, Lawrence Ho sought to return home to the United States after attending a conference in Canada. At the border crossing at Rainbow Bridge in New York, U.S. Customs and Border Protection (CBP) officers asked Mr. Ho, an American Muslim convert, "When did you become a Muslim?", "Which mosques do you attend?" and "How often do you attend the mosque?"

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