Your Rights -- A Little Less Constrained

Item #1. Readers may recall all this writer's opposition o illegal search and seizure as it pertains to your digital privacy at the U.S. border. Border (ICE) agents are able to search the contents of electronic devices, such as computers and phones at the border, without any reason. The 4th Amendment only allows reasonable searches, usually with a warrant. Up until now the typical argument has been: when you are at the border, you are not in the country -- and the 4th Amendment doesn't apply. This rule has been loosly interpreted at times, including the ability to take your computer and devices into the country and search it there, while still considering it a "border search," for which the lower standards apply.

Only a month ago, it appeared that the U.S. Department of Homeland Security saw no reason to change this policy. Well, now they might have to. In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the court ruled that the 4th Amendment does apply at the border, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason. Furthermore, they noted that merely encrypting a file with a password is not enough to trigger suspicion.

http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml

Item #2. The Obama Administration has filed a brief in support of a Maryland photojournalist who says he was arrested and beaten after he took photographs of the police arresting two other men. The brief by the Justice Department argues that the U.S. Constitution protects the right to photograph the actions of police officers in public places and prohibits police officers from arresting journalists for exercising those rights. Context: 'Garcia says that when Officer Christopher Malouf approached him, Garcia identified himself as a member of the press and held up his hands to show he was only holding a camera. But Malouf "placed Mr. Garcia in a choke hold and dragged him across the street to his police cruiser," where he "subjected him to verbal and physical abuse."

http://arstechnica.com/tech-policy/2013/03/obama-administration-supports-journalist-arrested-after-recording-cops/