All posts by Dan King

Protect Data Privacy at the Border

Senators Rand Paul (R-KY) and Ron Wyden (D-OR) recently introduced a much-needed, bipartisan Senate bill to combat mobile device searches. Reps. Jared Polis (D-CO.) and Blake Farenthold (R-TX) also introduced this bill to the House. The “Protecting Data at the Border” Act is a vital step towards protecting the American people from one of the most egregious forms of government overreach.

The bipartisan, bicameral bill would shut down what Wyden calls a “legal Bermuda Triangle,” which allows the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to search people’s mobile devices at the United States border without a warrant. If passed, the bill would require law enforcement agencies to obtain a “warrant based on probable cause” before seizing the device of “a U.S. person.” It also prevents law enforcement from denying or delaying entry to the country if a person refuses to turn over PIN numbers, passwords, or social media account information.

Current device search policy applies to U.S. citizens and noncitizens alike and allows the federal government to search cell phones, tablets, and other mobile devices at border crossings without any suspicion of criminal wrongdoing. In 2009, after concerns were raised about the legality of the policy, the DHS conducted a civil liberties impact assessment, which came to the troubling conclusion that such searches are justified. The summary reads:

“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits.”

In other words: Fourth Amendment need not apply.

It is abundantly clear that this policy treads all over civil liberties. As the American Civil Liberties Union points out, federal authorities are granted “broader” power near border areas. But those powers do not allow them blatantly to violate Fourth Amendment protections against unreasonable searches and seizures.

Continue reading at RealClearPolicy

Obama Spent Millions Fighting FOIL And It Will Probably Get Worse

This is Sunshine Week, the week where we celebrate government transparency and our “right to know.” But over the last eight years the clouds have crept in, and they’re showing no sign of going anywhere.

Former President Barack Obama failed to deliver on his campaign promise of being the “most transparent administration” ever, and ran up a bill in doing so.

The Associated Press reported Tuesday that the Obama administration spent a record $36.2 million in its final year on legal costs related to refusals to turn over federal documents under the Freedom of Information Law (FOIL). Not only is that fiscally absurd, it’s also a slap in the face to those who actually believed Obama would follow through on his transparency promises.

On top of running up the legal fees, the Obama administration also set a record for the number of denied FOIL requests. The administration also told journalists and citizens it couldn’t find the requested documents more times in 2016 than ever before.

Sadly, there’s little indication that  this will improve under President Donald Trump’s administration.
Continue reading at The Daily Caller.

Individuals, not government, fixing discrimination in Philly

The city of Philadelphia is pushing new rules to fight discrimination. Eleven bars in the Gayborhood, the city’s LGBT hotbed, will be required to participate in fair business practice training and implicit bias training. The bars will also be required to post fliers made by the city’s Human Relations Commission about the city’s fair practice ordinance.

These efforts come as a response to a report released by the city in January, which found that women, minorities and transgender people have been discriminated against in the Gayborhood for decades. The city’s heavy-handed approach, while well-meaning, adds yet another expense and burden to local businesses. Mandating these implicit bias trainings will take workers away from their actual productive duties and force the bars to pay employees to attend diversity training sessions that have largely been found to be ineffective.

Meanwhile, residents of Philadelphia are doing a better job of preventing discrimination than the city’s government. Individuals and the market have already acted to scale back the level of discrimination in the Gayborhood, before the government ever could.

Continue reading at Watchdog.