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US Border Patrol Searched A Record 30K Phones in 2017

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Via Zerohedge)

While civil-libertarian minded lawmakers and the ACLU push to tighten restrictions on phone searches of American citizens, particularly when leaving or entering the US, the Customs and Border Protection Agency reported that the number of phone searches executed at the border skyrocketed in 2017, the Wall Street Journal reported.

The border patrol conducted a record number of cellphones and other devices at US points of entry last year as they intensified their hunt for smugglers and terrorists.

In fiscal year 2017, which ended Sept. 30, the government searched the devices of 30,200 people, the vast majority leaving the country, up from 19,051 in fiscal year 2016. More than 80% of the devices belonged to foreigners or legal permanent residents, with less than one in five owned by a U.S. citizen.

“In this digital age, border searches of electronic devices are essential to enforcing the law at the U.S. border and to protecting the American people,” said John Wagner, deputy executive assistant commissioner for the agency’s Office of Field Operations.

The agency on Friday released a new written policy outlining procedures for searching and seizing electronic devices at the border. The new guidance makes clear that agents can only examine information stored on the device, not data stored “in the cloud” that’s accessible from the device.

The policy makes clear that while agents can ask for passwords to access a device, the passwords aren’t to be retained in any way.

And the policy sets forth standards for agents to do an “advanced search,” which involves connecting the device to a computer to retrieve and copy information. Under the rules, advanced searches are allowed only if there is “reasonable suspicion” and “articulable facts” to support it, and with the approval of a supervisor. The standards for more in-depth searches hadn’t been spelled out before. No such standard exists for basic searches.

The new policy also requires border agents to notify a traveler when his or her device is to be searched, unless telling the traveler would harm “national security, law enforcement, officer safety, or other operational interests.”

Still, the ACLU and its plaintiffs in a lawsuit against the federal government believe these guidelines are still too loose.

Last year, the American Civil Liberties Union and the Electronic Frontier Foundation sued the administration on behalf of 10 US citizens and one legal permanent resident whose devices were searched or seized at the border. The groups argue in their suit that the government should be required to have a warrant to look at a traveler’s electronic devices.

Among the plaintiffs is a NASA engineer who said he was forced to unlock his phone and give customs agents access to its contents when he returned to the U.S. from Chile on Jan. 31, in the midst of chaos at airports from the fallout of President Donald Trump’s original travel ban. Sidd Bikkannavar is an American-born engineer for NASA’s Jet Propulsion Laboratory in California.

Privacy advocates wanted more protections for travelers’ rights. “This policy still falls far short of what the Constitution requires—a search warrant based on probable cause,” said Neema Singh Guliani, legislative counsel at the American Civil Liberties Union, in a statement.

Specifically, ACLU believes these types of searches should require a warrant based on probable cause in every case – a standard we imagine the border patrol would roundly reject.

Oregon Democrat Ron Wyden and Kentucky Republican Rand Paul are working together on a bill that would raise the requirements for law enforcement searches of individuals’ phones.

Sen. Ron Wyden (D., Ore.), who with Republican Sen. Rand Paul of Kentucky has introduced a bill that would require officials to obtain warrants before such searches, suggested the policy didn’t go far enough to protect U.S. citizens’ rights.

“There’s more work to do here,” Mr. Wyden said. “Manually examining an individuals’ private photos, messages and browsing history is still extremely invasive, and should require a warrant. I continue to believe Americans are entitled to their full constitutional rights, no matter where they are in the United States.”

However, given the Trump administration’s emphasis on tightening border security – a battle that is just ramping up in Congress – it’s unlikely the administration would stand by and let lawmakers handicap the border patrol.

White House Chief of Staff John Kelly has even hinted that border patrol agents might start asking for the social media passwords of non-citizens trying to enter the co

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Politics

President Trump Returns to Butler to FIGHT for America First

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Trump’s Return to Butler, PA: A Symbol of Tenacity and Defiance

Today, former President Donald Trump makes a symbolically charged return to Butler, Pennsylvania, the site where his resilience was tested in an unprecedented manner. This visit, on October 5, 2024, is not just another campaign stop but a poignant reminder of his enduring “FIGHT FIGHT FIGHT” mantra, which has become emblematic of his political persona.

A Historical Backdrop

On July 13, 2024, Butler was thrust into the national spotlight when an assassination attempt was made on Trump during a rally. Surviving with a mere graze to his ear, Trump’s immediate response was to raise his fist, a moment captured in what has now become an iconic image, symbolizing his defiance against adversity. This incident didn’t just scar him physically but also galvanized his supporters, turning Butler into a shrine of sorts for Trump’s resilience.

The Symbolism of the Return

Trump’s decision to return to Butler is laden with symbolism. Here’s why this visit resonates deeply with his campaign ethos:

  1. Defiance in the Face of Danger: Returning to the site where his life was threatened underscores Trump’s narrative of not backing down. It’s a physical manifestation of his “FIGHT FIGHT FIGHT” ethos, showcasing his refusal to be intimidated by violence or political opposition.
  2. Political Theatre and Momentum: This rally serves as a masterstroke in political theatre, aiming to convert the attempt on his life into a rallying cry for his supporters. It’s an attempt to reignite the fervor seen in the immediate aftermath of the incident, where his campaign saw a surge in support, portraying him as a fighter against all odds.
  3. Uniting the Base: By revisiting Butler, Trump not only honors the victims of the incident but also uses the location to unify his base. The rally is expected to be a blend of remembrance and a call to action, emphasizing themes of perseverance, security, and defiance against the establishment’s perceived failures.
  4. A Message of Strength: For Trump, every appearance since the assassination attempt has been an opportunity to project strength. Returning to Butler amplifies this message, suggesting that neither personal attacks nor political challenges will deter his campaign or his message.

The Broader Impact

The “FIGHT FIGHT FIGHT” mantra has transcended its initial context, becoming a broader call against what Trump describes as systemic failures, from immigration policies to disaster response, as seen in his critiques of the current administration’s handling of events in North Carolina, echoed in his and his allies’ posts on X.

This return to Butler isn’t just about revisiting the site of a traumatic event; it’s a strategic move to encapsulate his campaign’s spirit in one location, making it a pilgrimage of sorts for his supporters. It represents Trump not just as a politician but as a symbol of resistance and persistence, key themes in his narrative of reclaiming America.

In sum, Trump’s rally in Butler today is more than a campaign event; it’s a testament to his campaign’s core message: a relentless fight against adversaries, be they political opponents, critics, or even those who threaten his life. This event is poised to be a significant moment in the 2024 presidential race, leveraging trauma, resilience, and defiance into political capital.

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Politics

The Clash of Titans: X’s Shutdown in Brazil

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In an unprecedented move, Brazil’s Supreme Court has ordered the nationwide suspension of X, the social media platform formerly known as Twitter, marking a significant escalation in the ongoing feud between the platform’s owner, Elon Musk, and Brazilian authorities. This decision stems from Musk’s refusal to comply with court orders to appoint a legal representative in Brazil and to suspend certain accounts accused of spreading misinformation and hate speech.

The tension reached a boiling point when Justice Alexandre de Moraes gave X a 24-hour ultimatum to name a representative or face a complete operational shutdown in Brazil. Musk’s response was to close X’s office in Brazil, citing threats of arrest against his staff for non-compliance with what he described as “secret censoring orders.” This move has left millions of Brazilian users in the dark, with the platform going offline across the nation.

The implications of this standoff are manifold. Firstly, it pits the concept of free speech, as championed by Musk, against Brazil’s judicial efforts to curb what it sees as the spread of dangerous misinformation. Critics argue that this is a test case for how far nations can go in regulating global digital platforms. Secondly, the economic impact on X cannot be understated, with Brazil being one of its significant markets.

The situation has also sparked a debate on digital sovereignty versus global internet freedom. While some see Justice de Moraes’s actions as necessary to protect Brazilian democracy, others view it as an overreach, potentially stifling free expression. As X users in Brazil scramble to find alternatives or use VPNs to bypass the ban, the world watches closely to see if this could set a precedent for other nations grappling with similar issues.

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Crime

President Trump: Military Tribunals For Traitors

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In an era where national security is paramount, the discussion around military tribunals has resurfaced, not as a relic of past conflicts, but as a necessary tool for contemporary justice. The advocacy for military tribunals, especially in the context of recent political and security challenges, underscores a fundamental truth: sometimes, conventional judicial systems are not equipped to handle threats that undermine the very fabric of national security.

The case for military tribunals hinges on several key arguments. Traditional courts, bound by extensive legal procedures, can often delay justice, particularly in cases involving national security. Military tribunals, by design, expedite the process, ensuring that threats are neutralized swiftly, which is crucial in preventing further harm or espionage. Military law, with its focus on discipline, order, and security, provides a framework uniquely suited for cases where the accused are involved in acts against the state or military. This specialization ensures that the complexities of military strategy, intelligence, and security are not lost in translation to civilian courts.

From the Civil War to World War II, military tribunals have been utilized when the nation’s security was at stake. These precedents show that in times of war or national emergency, such tribunals are not only justified but necessary for maintaining order and security. Contrary to common misconceptions, military tribunals can be transparent and accountable, especially when conducted under the scrutiny of both military and civilian oversight. The structure ensures that while justice is swift, it is also fair, adhering to the principles of law that respect due process.

Addressing criticisms, the argument for military tribunals isn’t about subverting justice but ensuring it. Critics argue that military tribunals bypass constitutional rights, particularly the right to a jury trial. However, in scenarios where individuals are accused of acts that directly threaten national security, the argument for exceptional measures holds. The Constitution itself allows for exceptions during times of war or public danger, as seen in cases like Ex parte Quirin, where the Supreme Court upheld the use of military tribunals for unlawful combatants. Moreover, the fear of authoritarianism is mitigated by the checks and balances inherent in the U.S. system. The President, Congress, and the judiciary each play roles in ensuring that military tribunals do not overstep their bounds. The judiciary, in particular, has the power to review and intervene if rights are egregiously violated.

From a broader perspective, the call for military tribunals isn’t just about addressing immediate threats but also about sending a message. It reaffirms the nation’s commitment to protecting its sovereignty and the rule of law. By using military tribunals, the U.S. demonstrates its resolve to handle threats in a manner that conventional courts might not be designed for, thereby potentially deterring future acts against the state.

In conclusion, the advocacy for military tribunals in the current climate is not about subverting justice but about ensuring it. These tribunals represent a robust response to unique challenges that threaten national security, offering a blend of efficiency, expertise, and justice that civilian courts might not always provide. While the debate will continue, the necessity of military tribunals in certain scenarios is clear, reflecting a pragmatic approach to safeguarding the nation while upholding the principles of justice.

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