That's true - borders are pretty close to no-man's land, especially for a non-citizen. ----- Original message ----- > Not fully, no. It depends on these factors: > > * Are you a US citizen? Then yes, fully. > * Are you a non-US citizen, but on US land? Then yes, partially. > * Are you a non-US citizen, but not on US land? Then a bit. > > I just read a good article on this actually on Salon. There is > apparently a lot of precedent on this going back to a few years after > the Constitution was ratified, so apparently it's pretty much set in > stone, with your obvious tweaking here and there over time by Congress > and the Supreme Court (I suppose Executive Orders should be included, > although those don't seem to be able to stand the test of time). > > For example, I don't believe the Fifth Amendment applies at all to > anyone that is not a citizen and is outside the US. And that makes > sense. It shouldn't. We call that "foreign intelligence." Other > Amendments that don't fully apply are the First Amendment, clearly the > Second, etc. > > Reminder: Let's keep this conversation friendly. > > --- > Puryear IT, LLC - Baton Rouge, LA - http://www.puryear-it.com/ > Active Directory Integration : Web & Enterprise Single Sign-On > Identity and Access Management : Linux/UNIX technologies > > Download our free ebook "Best Practices for Linux and UNIX Servers" > http://www.puryear-it.com/pubs/linux-unix-best-practices/ > > -----Original Message----- > From: [email protected] [mailto:[email protected]] On > Behalf Of Karthik Poobalasubramanian > Sent: Friday, February 05, 2010 8:16 AM > To: [email protected] > Subject: Re: [brlug-general] Police to get more access to your data? > > IANAL but doesn't the US Constitution, with few exceptions, apply to all > Citizens and non-citizens alike? > > > > -- > Karthik Poobalasubramanian > Louisiana Board of Regents > [email protected] > [email protected] > (225) 341-5855 > skype: poobal > > > On Feb 5, 2010, at 4:09 AM, John Hebert wrote: > > > My thoughts: > > > > 1) Use Freenet (http://freenetproject.org/) to store and share your > data, as well as to chat and browse anonymously on an encrypted > peer-to-peer network. Sure, it still depends on keeping your passphrase > private, but how far would the FBI go to force someone to give their > passphrase? Start practicing holding your breath underwater. > > > > 2) The article is misleadingly titled "Police want backdoor to Web > users' private data" > (http://news.cnet.com/8301-13578_3-10446503-38.html?tag=digg2), but it > is about the results of a survey of some law enforcement officers. I was > more worried about David Duke's poll surveys than this yellow journalism > by Declan McCullagh. Shame, shame, SHAME on you Dustin for even > mentioning this article on the mailing list. Oh, wait. It is your > mailing list... > > > > 3) Law enforcement can and do use actual investigative techniques to > find those who create child pornography (i.e.; photography of people > less than 18 years of age performing sexual activity). A well-designed > and secured network for law enforcement to do their jobs is a good > thing. Think about this: law enforcement officials are using email now > to exchange information about investigations. (!!!) > > > > It seems kinda ass-backwards for some law enforcement officials to > take away the 5th Amendment for all US citizens because some citizens > keep a collection of certain bits on the computers when there are cases > of actual sexual abuse of children (again, under 18 years) within this > country, not to mention other countries. Those US citizens who vote with > their cable TV remotes and support taking away the 5th may not want to > visit certain other countries. See > http://en.wikipedia.org/wiki/Age_of_consent. Look for the big black spot > on the map. > > > > 4) Stupid border guards don't know the difference between child > pornography and hentai. > > > > Extra bonus points for comments on the philosophical problems involved > with enforcing pornography laws perceived with analog interfaces. > > > > John > > _______________________________________________ > > General mailing list > > [email protected] > > http://mail.brlug.net/mailman/listinfo/general_brlug.net > > > _______________________________________________ > General mailing list > [email protected] > http://mail.brlug.net/mailman/listinfo/general_brlug.net > > _______________________________________________ > General mailing list > [email protected] > http://mail.brlug.net/mailman/listinfo/general_brlug.net
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