1994-11-28 - Re: Zimmermann interrogated without counsel

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From: Phil Karn <karn@unix.ka9q.ampr.org>
To: cypherpunks@toad.com
Message Hash: 3d071968971ee1c15fae5391022aedf03569e9bdaf3927614545e52f2f806983
Message ID: <199411280020.QAA09078@unix.ka9q.ampr.org>
Reply To: N/A
UTC Datetime: 1994-11-28 00:20:38 UTC
Raw Date: Sun, 27 Nov 94 16:20:38 PST

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From: Phil Karn <karn@unix.ka9q.ampr.org>
Date: Sun, 27 Nov 94 16:20:38 PST
To: cypherpunks@toad.com
Subject: Re: Zimmermann interrogated without counsel
Message-ID: <199411280020.QAA09078@unix.ka9q.ampr.org>
MIME-Version: 1.0
Content-Type: text/plain



The basic problem here is that Constitutional limits on police powers
have long been at their weakest at the border or at "border
equivalents" like international airports. More recently the
protections have been loosened within the US near borders, which
accounts for police-state practices like the INS checkpoint north of
San Diego that I have to drive through on my way to LA. It's an open
secret that it's as much for drugs being carried by Americans as it is
for illegal aliens from Mexico.

Looks like all you have to do is to weaken a protection for some
"worthwhile" and supposedly narrow reason and you can count on the
feds to exploit it fully for any other purpose they can get away with.

As I understand it, you have no obligation to do or say anything to a
Customs officer when entering the country other than to identify
yourself, hand over your passport, and permit a search of your
luggage. It's not even clear you have to answer their questions as to
where you've been. Dunno what would happen if they searched your
laptop and found encrypted material...

Phil





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