I think this has been going on in the UK and USA for some time now. And I am sure other countries are also doing it, although many might not be considered 'free' nations as the UK and USA boast.
On Mon, Jul 15, 2013 at 9:45 AM, Eugen Leitl <[email protected]> wrote: > > (leave your data at home in an encrypted cloud (you cannot > be asked to decrypt data not in your possession), treat > seized devices as sacrificable due to potential backdoors > installed during examination so use cheap disposables when > travelling and restock from a known good source) > > http://www.telegraph.co.uk/technology/10177765/Travellers-mobile-phone-data-seized-by-police-at-border.html > > Travellers' mobile phone data seized by police at border > > Thousands of innocent holidaymakers and travellers are having their phones > seized and personal data downloaded and stored by the police, The Telegraph > can disclose. > > Tourist using mobile phone at an airport > > A police officer can stop any passenger at random, scour their phone and > download and retain data, even of the individual is then immediately allowed > to proceed Photo: ALAMY > > By Tom Whitehead, and David Barrett9:01PM BST 13 Jul 2013Comments206 Comments > > Officers use counter-terrorism laws to remove a mobile phone from any > passenger they wish coming through UK air, sea and international rail ports > and then scour their data. > > The blanket power is so broad they do not even have to show reasonable > suspicion for seizing the device and can retain the information for “as long > as is necessary”. > > Data can include call history, contact books, photos and who the person is > texting or emailing, although not the contents of messages. > > David Anderson QC, the independent reviewer of terrorism laws, is expected to > raise concerns over the power in his annual report this week. > > He will call for proper checks and balances to ensure it is not being abused. > > It echoes concerns surrounding an almost identical power police can use on > the streets of the UK, which is being reviewed by the Information > Commissioner. > > However, in those circumstances police must have grounds for suspicion and > the phone can only be seized if the individual is arrested. > > Mr Anderson said: “Information downloaded from mobile phones seized at ports > has been very useful in disrupting terrorists and bringing them to justice. > > “But ordinary travellers need to know that their private information will not > be taken without good reason, or retained by the police for any longer than > is necessary.” > > Up to 60,000 people a year are “stopped and examined” as they enter or return > to the UK under powers contained in the Terrorism Act 2000. > > It is not known how many of those have their phone data taken. > > Dr Gus Hosein, of the campaign group Privacy International, said: “We are > extremely concerned by these intrusive tactics that have been highlighted by > the independent terrorism reviewer. > > “These practices have been taking place under the radar for far too long and > if Mr Anderson calls for reform and new safeguards we would be very > supportive of that.” > > He added: “Seizing and downloading your phone data is the modern equivalent > of searching your home and office, searching through family albums and > business records alike, and identifying all your friends and family, then > keeping this information for years. > > “If you were on the other side of the border, the police would rightly have > to apply for warrants and follow strict guidelines. But nowhere in Britain do > you have less rights than at the border. > > “Under law, seizing a mobile phone should be only when the phone is essential > to an investigation, and then even certain rules should apply. Without these > rules, everyone should be worried.” > > Under the Act, police or border staff can question and even hold someone > while they ascertain whether the individual poses a terrorism risk. > > But no prior authorization is needed for the person to be stopped and there > does not have to be any suspicion. > > It means a police officer can stop any passenger at random, scour their phone > and download and retain data, even of the individual is then immediately > allowed to proceed. > > It has been a grey area as to whether the act specifically allowed for phone > data to be downloaded and recorded. > > But last month, Damian Green, the policing minister, laid an amendment to the > anti-social behaviour, crime and policing bill, which is currently going > through Parliament. > > It makes the express provision for the copying and retention of information > from a seized item. > > The ability to potentially retain the data indefinitely could also spark a > fresh row over civil liberties similar to the controversy around DNA sample. > > Laws had to be changed to end the retention of the DNA of innocent people > after the European Court of Human Rights ruled in 2008 that keeping them was > unlawful. > > Mr Anderson is expected to stress he is not against the power and that it is > a useful tool in the fight against terrorism but that it must be used > appropriately. > > In his report last year Mr Anderson said the general power to stop people > under the terror laws were “formidable” and “among the strongest of all > police powers”. > > Christopher Graham, the Information Commissioner, is already investigating > whether the use of similar powers by police who arrest people are > appropriate. > > It emerged last year that seven police forces had installed technology that > allowed officers to download data from suspects’ phones but one industry > expert suggested at least half of forces in England and Wales could be > extracting mobile phone data in police stations. > > A spokesman for Scotland Yard, which has national responsibilities for > counter-terrorism, said: “Under the Terrorism Act 2000 a person may be > detained and questioned for up to nine hours to determine if that individual > is a person concerned in the commission, preparation or instigation of acts > of terrorism as outlined in the Act. > > “As with any power to detain an individual it is used appropriately and > proportionally and is always subject to scrutiny by an independent reviewer > of UK anti-terror laws. > > “Holding and properly using intelligence gained from such stops is a key part > of fighting crime, pursuing offenders and protecting the public.” > -- > Too many emails? 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