THE ISSUE OF SO-CALLED DIGITAL
STRIP SEARCHES IS COMING UP
QUITE A BIT WHEN IT COMES TO AIR
TRAVEL, ESPECIALLY NOW THAT
WE HAVE SITUATIONS WHERE TSA
AGENTS WILL ASK YOU FOR
YOUR SMART PHONE, OR THE
PASSWORD TO THE TECHNOLOGY
THAT YOU ARE TRAVELING WITH.
IN FACT, ACCORDING TO DATA FROM
THE DEPARTMENT OF HOMELAND
SECURITY, SEARCHES OF MOBILE
PHONES FROM BORDER AGENTS
GREW FROM FEWER THAN 5000 IN
2015, TO 25,000 IN 2016.
THE GOVERNMENT SAYS THAT THE
2016 NUMBER IS A LITTLE BIT OF
AN ANOMALY, BUT THEY DID NOT
EXPRESS WHAT THEY MEANT BY
THAT, WHY IT IS AN ANOMALY AND
WHY WE SHOULD NOT EXPECTED
TO KEEP INCREASING.
IN ADDITION TO GOING TO PEOPLE
SMART PHONES IN PERSON, U.S.
CUSTOMS AND BORDER
PROTECTION CAN ñ
AND US IMMIGRATION AND CUSTOMS
ENFORCEMENT CAN CONFISCATE
DEVICES FOR FURTHER FORENSIC
EXAMINATION.
IN THIS CASE, AGENTS CAN MAKE
FULL COPIES OF ALL THE DATA
ON THE PHONE, WHICH CAN BE
SHARED WITH OTHER AGENCIES.
SO WHAT THEY WILL DO IS THEY
WILL ESSENTIALLY HOLD
SOMEONE HOSTAGE, IN A WAY.
LET'S SAY YOU ARE TRYING TO
ENTER BACK INTO THE UNITED
STATES AND YOU ARE LIKE THAT AND
THEY ARE LIKE, WE NEED TO
SEE YOUR PHONE, GIVE US YOUR
PASSWORD.
IF YOU REFUSE AND YOU ARE NOT A
US CITIZEN, THEY CAN JUST DENY
YOU ENTRY, PERIOD.
IF YOU ARE A US CITIZEN, THEY
CAN PUT YOU THROUGH THIS
INSANE AND LENGTHY PROCESS
WHERE, I DON'T KNOW WHAT
THEY DO, BUT A FEW HOURS LATER
THEY WILL LET YOU GO.
BUT IF YOU ARE A US CITIZEN,
THEY CANNOT DENY YOU ENTRY
TO THE COUNTRY.
THIS IS A DISASTER ON SO MANY
DIFFERENT FRONTS.
1ST LET'S TALK ABOUT CITIZENS
AND GREEN CARD HOLDERS.
THIS IS THE MOST
UNCONSTITUTIONAL THING YOU
CAN EVER IMAGINE.
IT SAYS IN THE CONSTITUTION
THAT YOU CANNOT HAVE AN
UNREASONABLE C SENSORS ñ SEARCH
AND SEIZURE WITHOUT A WARRANT.
THEY DON'T HAVE WARRANTS.
IS IT A SEIZURE OF YOUR PRIVATE
INFORMATION TO CHECK YOUR PHONE,
AND LOOK AT YOUR EMAILS AT THE ñ
AND AT THE PICTURES THAT YOU
HAVE?
I CAN IMAGINE A MORE
UNREASONABLE SEARCH WITHOUT
A WARRANT.
THAT IS LITERALLY
UNCONSTITUTIONAL.
HELL NO, NOT EVEN CLOSE.
NOW THEY DO IT, AND NOBODY EVEN
COMPLAINS.
WEARS ALL THE REPUBLICANS
SCREAMING ABOUT THE
CONSTITUTION?
OR THE DEMOCRATS?
THIS IS UNREAL, THEY CAN'T DO
THIS TO CITIZENS.
I'M GOING TO BE TRAVELING
OUTSIDE THE COUNTRY, I'M GOING
TO BE COMING BACK IN, SO I HAVE
GOT TO LOCK MY PHONE AND
THERE'S NO WAY I LET THEM LOCK
IT.
AND IF YOU ARE A CITIZEN, KNOW
YOUR RIGHTS.
AND YES, THEN THEY WILL
ILLEGALLY DETAIN YOU.
THEY DON'T CALL IT ILLEGAL,
BUT IT IS ILLEGAL, IT IS
UNCONSTITUTIONAL.
GOD KNOWS HOW LONG THEY WILL
DETAIN YOU, AND THEN THEY
CAN KEEP YOUR PHONE, ACCORDING
TO THIS, FOR WEEKS.
SO, LOOK, THEY ARE AT SOME POINT
GOING TO DO THIS TO THE WRONG
HOMBRE, WHO IS GOING TO BE A
HARVARD LAW PROFESSOR, AND
THEN WE ARE GOING TO GO TO COURT
AND SETTLE THIS, BECAUSE
THIS IS AS UNCONSTITUTIONAL AS
IT GETS.
THE WHOLE FUCKING NSA SPYING IS
UNCONSTITUTIONAL, THE WHOLE
THING WE ARE LIVING IN RIGHT NOW
IS UNCONSTITUTIONAL.
REPEALING HABEAS CORPUS IS
UNCONSTITUTIONAL.
WE ARE LIVING IN A POLICE STATE,
AND A SURVEILLANCE STATE,
THE WHOLE THING IS
UNCONSTITUTIONAL.
I'M GOING OUT OF THE COUNTRY IN
A FEW WEEKS AND I'M AFRAID
TO COME BACK WITH MY PHONE.
THIS HAPPENED TO MY NEPHEW, HE
WENT TO CANADA, AND THEY
WERE ALL IN A ROOM, AND THEY
WERE MESSING WITH THE
HISPANICS WAY MORE THAN ANYONE
ELSE.
OF COURSE, OF COURSE.
THE NSA IS LOOKING INTO ALL OF
OUR STUFF, BUT WE DON'T
KNOW IT, SO IT HASN'T TOUCHED
PEOPLE YET.
SO ñ OR WHEN THE GOVERNMENT
LOOKED INTO THE PHONE SEX
CONVERSATIONS OF OUR TROOPS IN
IRAQ, WHILE PRETENDING TO SPY ON
TERRORISTS, PEOPLE THOUGHT, WELL
THAT'S NOT ME.
BUT EVERYBODY WHO HAS A PHONE
GOES, WHOA I'VE GOT NOTHING
ON MY PHONE THAT I DON'T WANT
THE GOVERNMENT TO SEE.
YOU SEE WHAT I'M SAYING?
THAT'S WHY THIS COULD BE A
MUCH LARGER ISSUE WHERE WE
FINALLY DRAW THE LINE.
AND IF YOU'RE NOT A CITIZEN,
GOOD NIGHT IRENE.
IF YOU DON'T LET THEM VIOLATE
YOUR PRIVACY, THAT'S IT, THEY
PULL YOUR VISA, THEY CAN SEND
YOU BACK, THERE GOES YOUR WHOLE
TRIP, ALL EXPENSES, AND YOU ARE
NOT ALLOWED TO ENTER THE
US, UNLESS WE GET TO VIOLATE
EVERYTHING THAT IS SACRED
TO YOU.
AND WHAT ISN'T IN OUR PHONES?
WHY WOULD ANYONE WANT TO TRAVEL
TO THE UNITED STATES IF
THEY ARE NOT A CITIZEN AT THIS
POINT?
LIKE, FOR VACATION.
I WOULD NOT WANT TO TRAVEL TO
YOU ñ TO THE UNITED STATES,
KNOWING THAT THESE ARE THE
DEVONIAN SEARCHES THAT THEY ARE
ñ THE DRACONIAN AND SEARCHES
THAT THEY ARE DOING.
THE GUARDIAN DID A GREAT STORY
ON THIS, AND I LOVE THE
GUARDIAN, GIVING TIPS TO
TRAVELERS WHO ARE ENTERING THE
UNITES STATES, BUT WE SHOULD NOT
HAVE TO CONSTANTLY DO THIS,
DELETE EVERYTHING ON OUR PHONE,
OR STORE EVERYTHING IN THE CLOUD
OR ON DROPBOX AND NOT HAVE
ANYTHING ON OUR PHONE BECAUSE
THERE IS A POSSIBILITY THAT SOME
CRAZY TSA AGENT IS GOING TO LOOK
THROUGH OUR DATA, OR STORE OUR
DATA ON A DATABASE THAT
THEY HAVE.
THINK ABOUT THAT, IF YOU ARE A
BUSINESS OWNER, OR WORKING
FOR SILICON VALLEY, THERE MAY
BE TRADE SECRETS THAT YOU
DON'T WANT ANYONE TO KNOW
ABOUT, AND THEY ARE GOING TO
DOWNLOAD ALL OF THAT STUFF?
THAT'S INSANE.
IF ANYTHING, WE SHOULD BE ASKING
CONGRESS TO PROTECT BIG BUSINESS
BY NOT ALLOWING THIS TO HAPPEN,
IF BIG BUSINESS IS ALL THAT THEY
CARE ABOUT AND THEY DON'T CARE
WITH CONSTITUTIONAL RIGHTS AS
PEOPLE ñ OF PEOPLE.
WHAT SPECIFICALLY ARE THEY
LOOKING FOR?
I DON'T KNOW HALF THE STUFF THAT
IS ON MY LAPTOP ANYMORE, BUT I
DEFINITELY DON'T HAVE A FOLDER
THAT IS LABELED LIKE, TERRORISM,
OR ANYTHING LIKE THAT.
SO WHAT DID THEY FIND IN A FEW
HOURS THAT WOULD BE SO
INCRIMINATING?
THEY CLAIM THEY ARE LOOKING FOR
DUMB ASS TERRORISTS WHO JUST
TWEETED, HAND LANDING IN
MILWAUKEE, CAN'T WAIT TO BOMB
SOMETHING.
BUT YOU ARE RIGHT, IF YOU ARE
GOING TO DO THAT, YOU ARE
THE PERSON WHO WAS LEAST LIKELY
TO EVEN HAVE THAT PHONE OR
LAPTOP ON YOU, OR TO HAVE THAT
MATERIAL.
AND SO IT IS A VERY INEFFECTIVE
PROGRAM THAT DOES THE MAXIMUM
AMOUNT OF PRIVACY INVASION, SO
IT'S A LOSE LOSE.
THIS IS HOW THEY JUSTIFY IT,
THEY SAY THEY ARE CRITICAL TO
THE ---
COMMERCIAL CRIMES, COPYRIGHT,
TRADEMARK, EXPERT CONTROL
VIOLATION.
YEAH, IT'S A GREAT WAY TO HELP
FIND OUT THOSE, YOU KNOW
WHAT ELSE'S?
ILLEGAL SEARCHES.
YOU CAN JUST PULL PEOPLE OVER,
GO THROUGH THEIR SHIT, GO
INTO THEIR HOUSES.
YOU'LL FIND A LOT OF EVIDENCE ON
A LOT OF CRIMES.
THAT'S NOT THE COUNTRY WE ARE
SUPPOSED TO BE LIVING IN.
THAT'S HOW THEY ARE JUSTIFYING
IT, BECAUSE THEY ARE
FINDING CRIMES.
BY THE WAY, IT GOES BOTH WAYS.
CHILD PORN.
YOU BETTER ALL AGREE, BECAUSE
WHAT IF I FOUND CHILD PORN?
BUT LIKE JIMMY SAID, YOU COULD
JUST BUST INTO PEOPLE'S
HOUSES, WHAT IF I FOUND CHILD
BORN?
BUT THAT'S UNCONSTITUTIONAL, YOU
NEED A WARRANT TO DO THAT.
YOU KNOW WHAT?
I'M VERY WORRIED ABOUT TSA
AGENTS HAVING CHILD PORN ON
THEIR PHONES, SO I WANT TO GO
THROUGH EVERY ONE OF THEIR
PHONES BEFORE I CROSS BACK
THROUGH THE BORDER.
HOW IS THIS ANY DIFFERENT FROM
JUST GOING INTO SOMEONE'S HOUSE
WITHOUT A WARRANT, AND JUST
GOING THROUGH THEIR SHIT?
IT'S NOT DIFFERENT.
THESE ARE OUR HOMES.
HONESTLY, WE PROBABLY HAVE MORE
ABOUT US HERE THAN WE HAVE
IN OUR ACTUAL HOMES.
YOU NEED A WARRANT, YOU NEED A
WARRANT, THERE IS TO BE
PROBABLE CAUSE.
YOU NEED TO PROVE OR AT LEAST
SHOW THAT THERE IS SOME REASON
TO BELIEVE THAT THIS PERSON IS
DOING SOMETHING WRONG, AND YOU
HAVE TO GO THROUGH THEIR SHIT.
I MISS THE DAYS WHEN THEY USED
TO JUST FEEL YOU UP.
ñ IN FACT, I WOULD RATHER THAN ,
FEEL THEN GO THROUGH MY PHONE,
THAT IS MORE INVASIVE TO ME.
THEY WILL DO BOTH, DON'T WORRY.
LIKE I SAID, YOU MIGHT HAVE
PICTURES ON THERE THAT YOU DON'T
WANT PEOPLE TO SEE, AND THEY CAN
DOWNLOAD THAT STUFF.
YOU THINK THEY ARE GOING TO
ABUSE THAT?
YOU THINK THE FIRST THING THEY
ARE GOING TO LOOK FOR ñ YOU
THINK THE FIRST THING THEY ARE
NOT GOING TO LOOK FOR IS ñ
YOU THINK THE FIRST THING THAT
WOULD LOOK FOR IS NOT GOING
TO BE NAKED PICTURES OF YOU
OR YOUR WIFE OR YOUR
GIRLFRIEND OR WHATEVER?
IN IRAQ, THE FIRST THING WE DID
WITH WIRETAPPING WAS LISTENED TO
PHONE SEX OF OUR OWN SOLDIERS,
THE FIRST THING.
BECAUSE IF GUYS RUN IT, OF
COURSE THAT'S WHAT WE ARE
GOING TO DO.
THE SLOPE GOES BOTH WAYS.
WE ARE LOOKING FOR CHILD
PORNOGRAPHY, WELL HOW DO I
KNOW THAT THE PERSON GETTING THE
PHONE ISN'T A PEDOPHILE?
AND THEN HE SAID TO GO INTO MY
PHONE AND LOOK AT PICTURES
OF MY KIDS AND DOWNLOAD THAT?
NO WAY, NO WAY.
YOU ARE SURE THAT GUYS WHO ARE
INTO THAT KIND OF STUFF
ARCH GOING TO GO TAKE A JOB TO
DO THAT?
NO, THAT'S WHY WE CALL IT A
CONSTITUTION, THAT'S WHAT WE
HAVE IN AMERICA, BECAUSE YOU
HAVE TO GET A WARRANT AND
PROBABLE CAUSE TO GO THROUGH
EVERYTHING WE HAVE.
THEY ARE DOING IT RIGHT NOW,
THERE'S DOZENS, HUNDREDS OF
EXAMPLES, LITTLE ON THE ONE THAT
THE GUARDIAN TALKS ABOUT, WHICH
IS A NASA ENGINEER, COMING BACK
FROM A TRIP TO CHILE.
ABSOLUTELY OUTRAGEOUS, AND
CLEARLY UNCONSTITUTIONAL.
