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Originally Posted by Toadrax
Society changes a lot in 20, 40, 60, 80, a million years, but the government will STILL have your data.
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Go read the memos and get back to us. If no evidence of a crime is found, the data must be deleted per the government's own policy. Constitutionally, they probably don't have to do that, but they are in order to protect privacy.
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Do you trust the government to never let your data slip out to someone else?
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There hasn't been a case of it yet, at least not one involving data being evaluated by Immigration/Customs (ICE). Now, if it's my personal information and the V.A., no thanks
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This is like letting the government just have your house to search through forever when they have a warrent, that is crazy.
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The policy tells ICE officials that they have a "reasonable" amount of time. Actually, that is no different than searching your house. In home searches, the government has as long as it needs to check every place where the evidence sought might be found. You'd have to actually look at the warrant, then look at the house to figure out how long that'd be. If they were searching my apartment for a body, they'd be in and out of my apartment in 30 seconds. If they were searching for an SD card, they might be here all day, tearing up carpet and such.
The same probably holds true with computers. If the computer is my school computer, a "reasonable" period of time wouldn't be very long. They'd also have to coordinate (per their policy) with the DOJ because some stuff on my laptop is subject to attorney-client privilege, so that might take a bit longer.
If I was some IT privacy freak and had my drive encrypted 'til hell won't have it and refused to supply the keys, it could be a long, long time before I saw my hardware again.
Really, when evaluating the reasonableness of the duration of the search, the rules are the same per this memo as they'd be in the search of your home.
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If they want to search for contraband, they should do it with you there and no data shall copied off of your laptop. I would rather wait 4 hours for them to analyze my drive with me there and to know that I wouldn't have to worry about the data being used against my great grandchildren.
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Read the policy. Not gonna happen. Not unless you're crossing the border with terrorist plans, drug cartel correspondence or pirated software on your 'puter.