What is the purpose of security at airports or other border crossings? National security, of course. And you thought it was your security. But this story is really isn't about security, it's about customs, the part that happens after you've landed and you're about to enter the country. But no, I'm wrong again. The article notes that the legal experts are not surprised by the opinion. "They found it consistent with both court rulings in similar cases and the government's emphasis on border security - especially in the wake of 9-11." So, the story is about security and terrorism. But no, I think I'm wrong again because it is about child pornography. Terrorism and child pornography... I'm wondering why Mr. Arnold isn't being shipped off to Guantanamo Bay for some enhanced interrogation techniques.
Of course Judge Dean Pregerson's ruling was overturned on appeal. His ruling relied on a notion that our memories and thoughts "cannot be legally searched without reasonable suspicion." Justice Diarmuid O'Scannlain is correct when he says that the search of laptops and brains is not "logically any different from the suspicionless border searches of travelers' luggage that the Supreme Court and we have allowed." Okay. I've added the "and brains." And, to be literal, Pregerson said that the electronic storage devices were an extension of our memories and thoughts. Quibbles really.
I think we'd eliminate a lot of misunderstandings if they would just admit that crossing borders is suspicious behavior. The fact that you are getting on a plane or crossing a border means that you are suspicious. And once you've been deemed suspicious, notions of you having privacy fall away cleanly. We'll all be much more comfortable knowing that the see-through-clothing scanners will put a stop to those child pornographing terrorists. This really does open new and exciting doors to investigations of any kind. Just give the suspect a plane ticket. Once he's past the security line, feel free to take whatever evidence you might find such as DNA. And, as a bonus, because it is a matter of national security, his normal rights do not apply. Hold him as long as you like. Remember, you can easily swap that ticket for one to Guantanamo Bay for some enhanced interrogation. And investigators, don't forget, you can lock the deal by slipping the suspect a USB memory key with lots of incriminating images.
But the potential for our nation's security only starts at the security or customs' gate. If planning on getting on that plane or being in customs is suspicious, I'd say having a passport is clear indication of a citizen's intent to be suspicious. The passport is the authorities' license to search you at will. And those who don't have a passport? Naturally the question is: what are they trying to hide?
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