News: ACLU Seeks Info on Border Laptop Searches

The Jurist reports that the ACLU is filing a lawsuit to acquire documents on US Customs and Borders policy of searching traveller's laptops. They claim these searches may violate fourth amendment protection against 'unreasonable search and seizure' - searches are conducted on the basis of 'unindividualized suspicion'

In April of last year, the US Court of Appeals for the Ninth Circuit Ruled that reasonable suspicion is not necessary for a warrantless search of a laptop or other digital device at the border due to inherent national security interests. The court rejected the argument that a laptop is like a human mind because of its ability to record ideas and emails, and held instead that a laptop is the same as closed containers such as purses and wallets.

Databases and Chill

The Daily Telegraph reports that police are taking the DNA evidence of kids as young as ten, in an attempt to 'dissuade youths from committing offences in the future'. In the words of one officer:

"It is part of a long-term crime prevention strategy. If you know you have had your DNA taken and it is on a database then you will think twice about committing burglary for a living."

The police officer in question may well be right that the knowledge that one's DNA is on file might well chill criminal behaviour. But might it also chill other sorts of perfectly legitimate behaviour? Particularly if your innocence has not been enough to prevent your DNA from being taken.