Daily Archives: April 7, 2017

Former Director of NSA and CIA Speaks on the Importance of … – Princeton Alumni Weekly

Posted: April 7, 2017 at 8:42 pm

American espionage is not only compatible with but essential to democracy, former director of the National Security Agency and the Central Intelligence Agency Michael Hayden told an audience of more than 200 people in Robertson Hall April 6.

Courtesy Central Intelligence Agency, via Wikipedia

As director of the NSA from 1999 to 2005 and CIA director from 2006 to 2009, Hayden was at the forefront of many post-9/11 intelligence programs, including targeted killing and the NSAs Section 215 telephone-metadata program.

Free peoples have always had to decide where they want to tuck their bed, between security on one side and liberty on the other, privacy over here and safety over here, Hayden said, in regard to what he sees as an unavoidable tradeoff between the two values.

Asked about the documents released by former NSA contractor Edward Snowden, Hayden said that whistleblowing is good so long as it reveals an illegal activity. But Hayden said the 215 program that Snowden revealed was not illegal but was approved by two presidents and Congress, and was overseen by two congressional intelligence committees as well as a federal court.

Nonetheless, Hayden said, in response to the American publics increasing distrust of intelligence efforts, federal agencies are attempting to make their activities more translucent.

Translucent means I can see the broad shapes, I can see the outlines of whats going on, but I dont have the fine operational details, he said. This is a massive adjustment that were going to have to make.

The two biggest challenges that currently confront intelligence work, Hayden said, are working with the president and deciding what information to share with the public. He said its often challenging for an intelligence official to compromise with a president, who has his own vision and instincts separate from the facts.

Youve got this inherent gap to close, and you do want to close it and get into the mind of the president, but ultimately you cant become him, Hayden said.

Although American bureaucracy can often be inefficient, Hayden said, the American system of checks and balances is still one of the most robust in the world.

Were all distressed with secrecy and power, and we want to make government more translucent, he said, but keep in mind that if we want more invasive oversight and more checks and balances, the line of departure from which we will be leaving is the already most invasive and comprehensive system of checks and balances in the democratic world.

Hayden also discussed his recently published book, Playing to the Edge: American Intelligence in the Age of Terror, in which he seeks to introduce readers to the inner workings and realities of intelligence agencies.

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Honolulu-based data encryption app Kapalya call NSA patent a game changer – Pacific Business News (Honolulu)

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Honolulu-based data encryption app Kapalya call NSA patent a game changer
Pacific Business News (Honolulu)
With help from the High Technology Development Corp., Kumar's Kapalya signed a collaborative research and development agreement with the NSA earlier this year to jointly develop an existing NSA patent and bring it to commercial market. They said, 'We ...

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What to Expect from the NSA Hacker Turned White House Cyber … – GovTechWorks

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The choice of Rob Joyce, former head of the National Security Agencys Tailored Access Operations unit as cyber security coordinator puts an experienced offensive cyber operator at the nexus of the nations cyber policy and strategy at a time when nation-state cyber interference is at the forefront of public consciousness.

Joyce succeeds Michael Daniel, who had a public policy, economist and finance background and spent nearly a decade in cyber policy at the Office of Management and Budget and the White House. Joyces background, by contrast, is as an operator in the cyber realm, bringing an intimate understanding of the threat to the forefront of national cyber policy.

As cyber coordinator, Joyce is not the federal chief information security officer (CISO). That post is largely focused on securing the federal enterprise; the cyber coordinator drives policy beyond the federal government. The cyber coordinator is also interested in cybersecurity across the entire digital ecosystem, including private industry, state and local governments and foreign governments, as well. So its a much broader role than what the federal CISO focuses on, says Daniel, who is now president of the Cyber Threat Alliance, a non-profit focused on cyber threat sharing across the industry. There is some degree of overlap and complementarity obviously the cybersecurity coordinator has to care about the security of federal networks but the cybersecurity coordinator has a broader mandate than that.

Little is publicly known about NSAs offensive cyber activities. But in a rare public appearance last August at the USENIX 2016 conference, Joyce described the five steps to a successful cyber intrusion initial exploitation, establish presence, install tools, move laterally and collect/ex-filtrate/exploit and then walked through the weaknesses he and his hackers came across and exploited each day.

If you really want to protect your network, he said then, you really have to know your network. You have to know the devices, the security technologies, and the things inside it. His clear message: His team often knew better than the networks managers. Indeed, while NSA hackers might not understand products and technologies as well as the people who design them, Joyce said they learn to understand the security aspects of those products and technologies better than the people who created them.

You know the technologies you intended to use in that network, he said. We know the technologies that are actually in use in that network. [Theres a] subtle difference. Youd be surprised at the things that are running on a network versus the things you think are supposed to be there.

Penetration-testing is essential, as is follow-up. Joyces OTA regularly conducted Red Team testing against government networks. Well inevitably find things that are misconfigured, things that shouldnt be set up within that network, holes and flaws, he said. The unit reported its findings, telling the network owner what to fix.

Then a few years later, it would be time to test that network again. It is not uncommon for us to find the same security flaws that were in the original report, Joyce said. Inexcusable, inconceivable, but returning a couple of years later, the same vulnerabilities continue to exist. Ive seen it in the corporate sector too. Ive seen it in our targets.

Laziness is a risk factor all its own. People tell you youre vulnerable in a space, close it down and lock it down, Joyce said, reflecting on the fact that network administrators frequently dont take all threats and risks seriously enough. Dont assume a crack is too small to be noted or too small to be exploited. Theres a reason its called advanced persistent threats: Because well poke and well poke and well wait and well wait and well wait, because were looking for that opportunity to [get in and] finish the mission.

As an offensive cyber practitioner, Joyce sought to identify and, when needed, exploit the seams in government and enemy networks. He focused on the sometimes amorphous boundaries where the crack in the security picture might come from getting inside a personal device, an unsecured piece of operational security, such as a security camera or a network-enabled air conditioning system, or even an application in the cloud. Cloud computing is really just another name for somebody elses computer, he said. If you have your data in the cloud, you are trusting your security protocols the physical security and all of the other elements of trust to an outside entity.

Most networks are well protected, at least on the surface. They have high castle walls and a hard crusty shell, he said. But inside theres a soft gooey core.

Figuring out how to protect that core from a national security and policy perspective will be Joyces new focus, and if Daniels experience is any indicator, it will be a challenge.

From his perspective, cybersecurity is only partly about technology. Adversaries tend to get into networks through known, fixable vulnerabilities, Daniel says. So the reason those vulnerabilities still exist is not a technical problem because we know how to fix it its an incentive problem an economics problem. That is, network owners either fail to recognize the full extent of the risks they face or, if they do, may be willing to accept those risks rather than invest in mitigating them.

The challenge, then, is formulating policy in an environment in which the true level of risk is not generally understood. In that sense, Joyces ability to communicate the extent to which hackers can exploit weaknesses could be valuable in elevating cyber awareness throughout the White House.

The NSC is about managing the policy process for the national security issues affecting the US government, Daniel explains. You dont have any direct formal authority over anyone. But you do have the power to convene. You have the power to raise issues to people in the White House. You have the ability to try to persuade and cajole. The background he brings will obviously color what he prioritizes and what he puts his time against. But the role itself will not be dramatically different. understanding how to get decisions keyed up in a way that you can actually get them approved.

Joyces background could affect how this administration views commercial technologies, such as cloud services, mobile technology and other advances that, while ubiquitous in our daily lives, are not yet standard across the federal government.

Trust boundaries now extended to partners, Joyce said a year ago. Personal devices youre trusting those on to the network. So what are you doing to really shore up the trust boundary around the things you absolutely must defend? That for me is what it comes down to: Do you really know what the keys to the kingdom are that you must defend?

National security cyber policy is not just defensive, however, and having a coordinator with a keen insiders understanding of offensive cyber capabilities could have a significant long-term impact on national cyber strategy.

Just as Daniel sees cybersecurity as an incentives, or economics problem, Kevin Mandia, chief executive at the cyber security firm FireEye and founder of Mandiant, its breach-prevention and mitigation arm, sees incentives and disincentives as playing a critical role for cyber criminals and nation-state attackers, alike. Simply put, he says, the risk-reward ratio tilts in their favor, because the consequences of an attack do not inflict enough pain.

Mandia agrees that the first priority for U.S. cyber policy should be self-defense. Every U.S. citizen believes the government has a responsibility to defend itself, he said at the FireEye Government Forum March 15. So first and foremost, our mission security folks must defend our networks. But the second thing the private sector wants is deterrence. We need deterrence for cyber activities.

And in order to develop an effective deterrence policy, he argues, the nation needs fast, reliable attribution the ability to unequivocally identify who is responsible for a cyber attack.

Id take nothing off the table to make sure we have positive attribution on every single cyber attack that happens against U.S. resources, Mandia says. Because you cant deter unless you know who did it. You have to have proportional response alternatives, and you have to know where to direct that proportionate response.

Where Joyce stands on deterrence and attribution is not yet clear, but what is clear is that sealing off the cracks in federal network security is sure to get more intense.

A lot of people think the nation states are running on this engine of zero-days, Joyce said a year ago, referring to unreported, unpatched vulnerabilities. Its not that. Take any large network and I will tell you that persistence and focus will get you in, will achieve that exploitation without the zero days. There are so many more vectors that are easier, less risky and quite often more productive than going down that route.

Closing off those vectors forces threat actors to assume more risk, expose zero-day exploits and operate with less cover. When that happens, the balance of cyber power could finally start to tilt away from the hackers.

Tobias Naegele is the editor in chief of GovTechWorks. He has covered defense, military, and technology issues as an editor and reporter for more than 25 years, most of that time as editor-in-chief at Defense News and Military Times.

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General: Cyber Command needs new platform before NSA split – FCW.com

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Defense

Strategic Command chief Gen. John Hyten says that Cyber Command needs its own platform ahead of a planned split from NSA.

U.S. Cyber Command needs to be elevated to a full combatant command as soon as possible, but it should remain tied to the National Security Agency until it has its own cyber platform, according to the head of U.S. Strategic Command.

Air Force Gen. John Hyten told the Senate Armed Services Committee that he and Adm. Michael Rogers, head of the NSA and CyberCom, submitted their plan to the Trump administration calling for elevation of CyberCom "sooner rather than later."

He said that needed to happen "just to normalize that command and make sure that we can kind of develop normal command relationships between Cyber Command and all the combatant commanders including Strategic Command."

Later in the hearing, Hyten added that the end of the dual-hat leadership structure of the NSA and CyberCom will have to wait until CyberCom has an independent cyber platform from the NSA.

"There are acquisition programs of record being instituted to build those capabilities," said Hyten. "Once those capabilities are built, I would be supportive of separating the two. But I will not advocate separating the two until we have a separate platform in the services that Cyber Command can operate on."

Senators pressed Hyten on a number of cybersecurity topics, including the ramifications of modernizing the IT architecture that controls the U.S. nuclear arsenal.

Strategic Command currently oversees cyber, space and nuclear capabilities, and Hyten said they are linked in that a cyber threat that could affect command and control capabilities could undermine the U.S. nuclear deterrent, "and we have to make sure we never allow that to happen."

Hyten said Congress needs to demand that as the military services modernize nuclear command and control capabilities that they move from a 20th century architecture and not simply move from eight-and-a-half inch floppy discs to the five-inch variety.

"We will introduce cyber vulnerabilities as we walk into that, but if you work it right from the beginning, you can make sure that that threat is mitigated from the beginning," he said.

When asked whether the U.S. has the capacity to protect nuclear cyber systems, Hyten said in general he was happy with where the Cyber Mission Forces are going right now. But he warned that they do yet not have the capacity to meet all of the requirements the DOD has.

He said that currently cyber forces are specifically assigned to the combatant commands, and that DOD needs to look at cyber forces like special forces -- as a high-demand, low-density asset that needs to be centralized and allocated out based on mission priority.

"The demand signal is going to go nowhere but up and the capacity is not sufficient to meet all of the demand," he said.

Hyten also said the conversation on deterrence in cyberspace must move past the nuclear framework of the past, with its binary analysis.

"I think what's missing is a broader discussion of what 21st century deterrence really means," said Hyten. "That involves the nuclear capabilities as the backstop, but fundamentally space, cyber, conventional, all the other elements as well.""Now it's a multivariable analysis and each of those has to be put in context," he said. "And context has to be the fact that we're actually not deterring cyber, we're not deterring space. We're deterring an adversary that wants to operate and do damage in those domains."

About the Author

Sean Carberry is an FCW staff writer covering defense, cybersecurity and intelligence. Prior to joining FCW, he was Kabul Correspondent for NPR, and also served as an international producer for NPR covering the war in Libya and the Arab Spring. He has reported from more than two-dozen countries including Iraq, Yemen, DRC, and South Sudan. In addition to numerous public radio programs, he has reported for Reuters, PBS NewsHour, The Diplomat, and The Atlantic.

Carberry earned a Master of Public Administration from the Harvard Kennedy School, and has a B.A. in Urban Studies from Lehigh University.

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Pakistan a beautiful place, not the centre of global terrorism: NSA – The Hindu

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The News International
Pakistan a beautiful place, not the centre of global terrorism: NSA
The Hindu
National Security Adviser Nasser Janjua dismissed on Friday the perception that Pakistan was a dangerous country at the centre of global terrorism, saying it was instead a beautiful nation with countless honeymoon resorts. Mr. Janjua said the ...
Pakistan resisted Saudi offer to join military alliance: NSAThe News International
General Raheel to address Tehran's concerns: NSAThe Express Tribune
Raheel Sharif not going to lead Sunni alliance, says NSA Nasser JanjuaDaily Pakistan
Pakistan Today -India.com
all 54 news articles »

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Pakistan a beautiful place, not the centre of global terrorism: NSA - The Hindu

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Samsung’s Galaxy 8 Could Endanger Fifth Amendment Rights … – Investopedia

Posted: at 8:42 pm


Investopedia
Samsung's Galaxy 8 Could Endanger Fifth Amendment Rights ...
Investopedia
Fifth Amendment rights, which protect citizens from incriminating themselves in court cases, may be in danger thanks to Samsung Electronics Co. Ltd's (SSNLF) ...
Experts: Fifth amendment questions raised by Samsung Galaxy's face recognitionPlanet Biometrics

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PSA: Samsung’s new face scanner won’t give you the legal protection of a passcode – The Verge

Posted: at 8:42 pm

Last week, Samsung announced that its Galaxy S8 phone would let you unlock it by scanning your face a method that could be quicker and simpler than entering a passcode or even using a thumbprint. As we noted at the time, this isnt a strong security measure; in fact, someone already fooled it with a photograph. But theres another, less-obvious issue: one key Constitutional protection for passwords usually doesnt apply to biometric security measures like face scanning.

The Fifth Amendment, which protects people from having to incriminate themselves, holds that passwords or passcodes are testimonial evidence. In other words, you can refuse to give up your PIN because doing so would mean answering a question based on the contents of your thoughts, not providing a physical piece of evidence. But as early as 2013 the year Apple announced its Touch ID sensor security experts were warning that fingerprints wouldnt fall under this rule. So far, this theory has held up. A Virginia judge let police use a fingerprint to unlock a phone in 2014, and similar requests were granted by other courts in 2016 and 2017.

Standing there while a law enforcement officer holds a phone up to your face or your eye is not a testimonial act.

The self-incrimination analysis for biometric and face scanning would be the same as for Touch ID, says Jeffrey Welty, a law and government professor at UNC-Chapel Hill. Standing there while a law enforcement officer holds a phone up to your face or your eye is not a testimonial act, because it doesnt require the suspect to provide any information that is inside his or her mind.

Most people using Samsungs (or another companys) face-scanning system will never be charged with a crime. And this doesnt prevent things like searching visa applicants phones, where people are complying in order to get into the country, not because of direct law enforcement action. But the Fifth Amendment still provides a general legal layer of protection against smartphone searches, which can reveal a huge amount of personal information.

This isnt a totally cut-and-dried issue, however. In certain cases, courts can still require you to unlock a device with a passcode. If the police already know whats on the device and that the person in question is the owner, the foregone conclusion doctrine may apply, says Welty. Thats what happened last month when an appeals court ruled that a man needed to decrypt two hard drives believed to hold child pornography, because the contents werent in question.

Conversely, biometric security could still be testimonial under certain circumstances, and legal expert Oren Kerr has laid out an argument for protecting fingerprints under the Fifth Amendment. In his hypothetical example, police have a phone with a biometric sensor and seven possible owners, none of whom will claim it. Putting a finger to the sensor might not be testimony, but identifying yourself as the owner of the phone could be, and so could revealing which finger (or other body part) would unlock it. One subject of a phone-unlocking order made the latter argument last year, but in that specific case, it was shot down.

Even so, both these situations are edge cases. Bottom line, if you are concerned about whether law enforcement can compel access to your device, a password or passcode is much better than Touch ID or facial recognition, but it isnt ironclad, says Welty. Of course, if youre absolutely determined to keep your data private, you might want to just delete it.

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Fifth Amendment preserves our right to due process, and more – Idaho County Free Press (blog)

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By Laurie Chapman

April 3, 2017

Like the First Amendment, there is substantial information packed into the Fifth Amendment. In this section, our founding fathers have addressed issues such as double jeopardy, due process and eminent domain. It also provides citizens the right to remain silent, or not implicate themselves.

The following is a transcription of the Fifth Amendment to the Constitution in its original form.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The first part of this amendment addresses the right of a citizen charged with a capital crime to be presented before a grand jury. Typically, most states satisfy this requirement through preliminary hearings. The one exception, outlined in this amendment, is specific circumstances relating to the military.

The Fifth Amendment also precludes citizens from being subject to double jeopardy. No individual may be tried for the same crime twice. Additionally, a citizen cannot be compelled to implicate themselves in the court of law. This is commonly referred to as pleading the fifth, where a defendant or witness invokes the right to remain silent.

In Miranda vs Arizona, 1966, the court expanded on the right to remain silent as presented in the Fifth. The court held that all individuals must be advised of their right to remain silent and to an attorney. If an individual is in police custody and being interrogated, failure to advise the individual of their rights makes their statements inadmissible in court.

Also relating to the court of law, the Fifth guarantees a fair, orderly and just trial. As with the wording for double jeopardy, the Fifth Amendment only applies to the federal government. However, the text of the 14th Amendment applies both issues to states as well.

Finally, the Fifth Amendment addresses eminent domain. This states the federal government may not take personal property for public use without just compensation. In Chicago, B. & Q. Railroad Co. vs. Chicago, 1897, the court held the 14th Amendment also extended in this arena to the states.

Determining just compensation typically entails assessing the propertys fair market value. The piece of this section that has been troublesome relates to the intended use of the property.

A controversial opinion was issued by the U.S. Supreme Court that allowed private property to be seized for private commercial development. Justice John Paul Stevens issued the 5-4 decision in Kelo vs. City of New London, 2005.

The courts opinion stated:

The takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted to benefit a particular class of identifiable individuals, Rather, it has embraced the broader and more natural interpretation of public use as public purpose. In a nutshell, the court agreed that allowing the city to take ownership of a condemned property with the intention of economically revitalizing it would benefit the public. While the space might be directly privatized, the public as a whole benefits from an approved, productive space. Idaho certainly has its share of public lands, and I wouldnt be surprised to see this amendment raised in future suits relating to land usage.

Laurie Chapman publishes Political Broad bi-monthly and takes an informative, opinionated peek at the functions of government. If you have a suggestion for the author, e-mail her atlchapman@idahocountyfreepress.com or call her at 208-983-1200.

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Galaxy S8 Face Recognition Isn’t Protected By 5th Amendment – Android Headlines

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The iris scanner and facial recognition features of the Galaxy S8 and the Galaxy S8 Plus arent protected under the Fifth Amendment, industry experts are reminding consumers just weeks before Samsungs upcoming pair of Android flagships officially hits the market. The Fifth Amendment that protects against self-incrimination by allowing people the right not to testify against themselves in acase when doing so would criminally implicate them has previously extended to both passwords and passcodes, as providing either was defined as giving testimonial evidence, i.e. evidence that consists of ones thoughts. This protection technically doesnt apply to any kind of physical evidence like fingerprints, as several previous cases have already shown, but it also doesnt extend to devices that can be unlocked with an iris scanner or facial recognition.

Both iris scanning and facial recognition rely on certain physical features that courts can and do categorize as physical evidence, meaning e.g. you cannot refuse to unlock your smartphone by pleading the fifth if a police officer can simply hold the phone up to your face and let it unlock. While some privacy advocates previously argued such search isnt legal, a precedent on the matter has yet to be made and courts seemingly agree that a scenario in which an officer holds a phone up to someones face isnt defined as a testimonial act as it doesnt require the suspect to share any contents of their thoughts.

There are certain exceptions to the rule outlined above, legal experts explain, noting how most exceptions pertain to scenarios in which authorities arent certain who owns the device theyre looking to unlock with an iris scanner or facial recognition. While looking at your phone to unlock it in front of officers isnt a testimonial act, claiming ownership of a device certainly is, meaning youre not required to do so if authorities arent certain who owns the smartphone theyre seeking to unlock. Overall, if youre planning to acquire the Galaxy S8, Galaxy S8 Plus, or any other upcoming smartphone boasting biometric authentication, keep in mind you might want to stick with a regular password, pattern, or a passcode if youre adamant to not let authorities access your device under any conditions.

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Bill would end 4th Amendment abuse at the border – Personal Liberty – Personal Liberty Digest

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Personal Liberty Poll

Exercise your right to vote.

Increasing incidents involving unconstitutional searches of innocent Americans electronic devices in U.S. border zones have drawn fire from the nations civil liberties advocates. Legislation introduced by Kentucky Sen. Rand Paul would ensure that citizens protections against unreasonable searches survive the technology age.

The Republican lawmaker introduced the Protecting Data at the Border Act along with Sen. Ron Wyden (D-Ore.), with the announcement that constitutional rights shouldnt disappear at the border.

Earlier this year, an explosive NBC News report revealed that the number of warrantless technology searches along the border grew exponentially under the Obama administration. Under the new White House leadership the trend is expected to continue.

From the report:

Data provided by the Department of Homeland Security shows that searches of cellphones by border agents has exploded, growing fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016.

According to DHS officials, 2017 will be a blockbuster year. Five-thousand devices were searched in February alone, more than in all of 2015. []

Following uproar over the report, DHS officials have remained tightlipped about the extent of the border privacy intrusions, even evading questions about exactly hat border agents are looking for or gathering during the search process.

The refusal to provide additional information about the likely unconstitutional activity led Columbia Universitys Knight First Amendment Institute to file a lawsuit the government to provide internal Homeland Security documents detailing DHSs justification for the searches and exact information pertaining to the frequency of the searches. The lawsuit also asks DHS officials to explain what agents do with the information they gather from the searches, particularly in cases where they search devices belonging to individuals such as journalists who may have sensitive, but 1st Amendment-protected, information on their devices.

Pauls legislation would simply end the searches of citizens technological devices based on the Supreme Courts 2014 ruling in Riley v. California. In that case, justices determined that government entities must consider innovation when determining whether a search violates a citizens 4th Amendment protections against warrantless intrusion of their persons, houses, papers, and effects.

Innovation does not render the Fourth Amendment obsolete, Paul said. It still stands today as a shield between the American people and a government all too eager to invade their digital lives.

While protecting against warrantless searches, Pauls bill would allow agents to continue physical examinations of devices to make sure smugglers arent using dummy phones and computers to smuggle dangerous paraphernalia.

Heres a full copy of the proposed legislation:

Related:

Constitution-free zone: Trumps tough border policy comes with privacy problems

Group sues for answers over government laptop, cellphone searches

DHS UnConstitutional Warrantless Searches Of Phones, Computers Near Border

The Bill of Rights at the border: The First Amendment and the right to anonymous speech

Law enforcement uses border search exception as 4th Amendment loophole

DHS Report Justifies Warrantless, Suspicionless Searches Of Electronics Near Borders

Judge Upholds UnConstitutional Searches Within 100 Miles Of Borders

. Bookmark the

.

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