Digital Rights in America

The Electronic Frontier Foundation (EFF) recently released several documents detailing an individuals digital rights in The United States of America. As a personal security blogger, I feel obligated to inform my readers how to best protect themselves.

• Law enforcement can not enter your home to search your computer or portable devices unless they have a warrant, with two (2) exceptions:

1. unless you consent to a search
2. unless law enforcement has probable cause to believe there is incriminating evidence on the computer that is under imminent threat of extinction.

• Law enforcement may only search the items mentioned in the warrant, and must present you with a copy of the warrant.

• Law enforcement can seize your computer and take it with them. As part of that seizure they will most likely make copies of your data.

• You do not have to turn over your encryption keys or passwords to police officers, only a judge or grand jury can demand those.

• If your computer is illegally seized you can pursue options to have your property returned. However, if the police believe it was used in a crime, they can keep it as evidence.

• If you are arrested by the police anything on your person is subject to search, possibly even including your phone. However, if you have a screen lock, you have the right to remain silent and may abstain from revealing your password.

• If you are crossing a border or flying internationally your computer and your mobile device are reasonably subject to search for any digital contraband. The police may also seize a digital device at a border for further inspection.

For the full story from the EFF, and their sources of validity, check out the following articles:
Your Digital Rights
Tips On Police Interaction