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Originally Posted by jsibelius
I hate to break it to ya, but they can and they have been.
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They have? First of all, they "can" and "have been" doing what exactly? Making copies and returning the originals to the users? Or holding onto the laptops indefinitely?
Have you actually read the policy memos? They do not state that there's an "indefinite" period of time, but rather that the agency may only hold the laptops for a "reasonable" amount of time. Original hardware is only seized when absolutely necessary.
What is "reasonable" is a question of fact, but I assume if you have your computer locked down and encrypted 'til hell won't have it, the detention time for your hardware will probably be longer than, say, my law school computer which has nothing of real interest on it.
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They're doing it, regardless of what the Constitution say, because they've been given permission to do so by our government. That's what's got people so ticked off about all this. And it will continue until someone makes a sufficient challenge to get this to the Supreme Court.
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Wha? First off, you have not shown to me that this has ever happened or that the power is being abused. Not one example.
Secondly, this is not a new grant of power. Homeland Security is merely printing up policies and procedures for dealing with suspected digital contraband. This is merely cataloging and explaining how a certain governmental power (the power to inspect things entering and leaving the country) will be executed. It's high time customs had a policy for dealing with such material. Welcome to the 21st century.