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	<title>Comments on: Is Israel&#8217;s search through visitors&#8217; email accounts legal?</title>
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	<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/</link>
	<description>Independent commentary and news from Israel &#38; Palestine</description>
	<lastBuildDate>Wed, 19 Jun 2013 15:48:47 +0000</lastBuildDate>
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		<title>By: Woody</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64733</link>
		<dc:creator>Woody</dc:creator>
		<pubDate>Fri, 08 Jun 2012 13:48:13 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64733</guid>
		<description>@Jonathan

What about this approach?

If a person has stored (1) on his physical computer or (2) in the cloud, confidential correspondence that is protected under a recognized privilege (attorney-client, doctor-patient), then to grant consent to a search of this material destroys the privilege, as it would then be revealed to a third party.  

Even if the information is unencrypted, if it is stored on someone&#039;s proprietary device or private email, then they have a reasonable expectation that it is not public.  Therefore, individuals who have confidential communications which are protected by privilege CANNOT consent to a search without destroying the privilege.  It doesn&#039;t seem reasonable to expect one to destroy such a privilege when crossing a border.   


I&#039;m not familiar with the interaction of selective searches and professional privileges.  It would seem to me, though, that unless the search was a procedure everyone could expect to encounter when entering the country, then crossing the border does not imply/require disclosure to a third party of privileged communications.  

It seems to me that a deportation appealed on the basis of refusal to consent to this sort of search, under these circumstances, would have to be overturned, so long as the privilege was recognized by the court.  

Once a case like that drops, they&#039;ve lost all ability to do any of these shenanigans.</description>
		<content:encoded><![CDATA[<p>@Jonathan</p>
<p>What about this approach?</p>
<p>If a person has stored (1) on his physical computer or (2) in the cloud, confidential correspondence that is protected under a recognized privilege (attorney-client, doctor-patient), then to grant consent to a search of this material destroys the privilege, as it would then be revealed to a third party.  </p>
<p>Even if the information is unencrypted, if it is stored on someone&#8217;s proprietary device or private email, then they have a reasonable expectation that it is not public.  Therefore, individuals who have confidential communications which are protected by privilege CANNOT consent to a search without destroying the privilege.  It doesn&#8217;t seem reasonable to expect one to destroy such a privilege when crossing a border.   </p>
<p>I&#8217;m not familiar with the interaction of selective searches and professional privileges.  It would seem to me, though, that unless the search was a procedure everyone could expect to encounter when entering the country, then crossing the border does not imply/require disclosure to a third party of privileged communications.  </p>
<p>It seems to me that a deportation appealed on the basis of refusal to consent to this sort of search, under these circumstances, would have to be overturned, so long as the privilege was recognized by the court.  </p>
<p>Once a case like that drops, they&#8217;ve lost all ability to do any of these shenanigans.</p>
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		<title>By: Corneliu Z Codreanu</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64711</link>
		<dc:creator>Corneliu Z Codreanu</dc:creator>
		<pubDate>Thu, 07 Jun 2012 22:57:13 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64711</guid>
		<description>This is an important article describing despotism. However, there is a failsafe mechanism how to avoid this invasion of privacy. Dont travel there. I wont visit as a matter of principle</description>
		<content:encoded><![CDATA[<p>This is an important article describing despotism. However, there is a failsafe mechanism how to avoid this invasion of privacy. Dont travel there. I wont visit as a matter of principle</p>
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		<title>By: Giorgio</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64682</link>
		<dc:creator>Giorgio</dc:creator>
		<pubDate>Thu, 07 Jun 2012 12:39:47 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64682</guid>
		<description>if one is about to cross that line that defines my legally protected territory, he must be ready to be checked 360. email included.</description>
		<content:encoded><![CDATA[<p>if one is about to cross that line that defines my legally protected territory, he must be ready to be checked 360. email included.</p>
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		<title>By: the other joe</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64671</link>
		<dc:creator>the other joe</dc:creator>
		<pubDate>Thu, 07 Jun 2012 07:30:03 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64671</guid>
		<description>It seems to me to be rather self-defeating.  If I was told/forced to do this, I would supply an email account which I rarely use.  Indeed, one would think that activists entering Israel would right now be creating dummy accounts for this purpose..</description>
		<content:encoded><![CDATA[<p>It seems to me to be rather self-defeating.  If I was told/forced to do this, I would supply an email account which I rarely use.  Indeed, one would think that activists entering Israel would right now be creating dummy accounts for this purpose..</p>
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		<title>By: Piotr Berman</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64661</link>
		<dc:creator>Piotr Berman</dc:creator>
		<pubDate>Thu, 07 Jun 2012 04:12:13 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64661</guid>
		<description>I do not think that invading e-mail accounts of travelers is motivated by terrorist cases.  It could allow to discover extremely stupid terrorists.  Currently the main hysteria in Israel is &quot;delegitimization&quot;, basically all forms of solidarity with Palestinians.  For example, some travelers were admitted only after signing a declaration that they will not contact any pro-Palestinian organizations.

Politicians and patriotic citizens are enraged that unfriendly individuals that attempt, say, bicycle trips in West Bank, are admitted to Israel.  Note that so far, &quot;pro-Palestinian organizations&quot; are legal in Israel, but some members of the Knesset proposed to send them to detention camps.  Even though these were not formal legislative proposals, this reflects the general trend toward intolerance.  It starts with Prime Minister declaring that &quot;delegitimization&quot; is the gravest threat against the state, and NYT and Ha&#039;aretz belong to most dangerous enemies.</description>
		<content:encoded><![CDATA[<p>I do not think that invading e-mail accounts of travelers is motivated by terrorist cases.  It could allow to discover extremely stupid terrorists.  Currently the main hysteria in Israel is &#8220;delegitimization&#8221;, basically all forms of solidarity with Palestinians.  For example, some travelers were admitted only after signing a declaration that they will not contact any pro-Palestinian organizations.</p>
<p>Politicians and patriotic citizens are enraged that unfriendly individuals that attempt, say, bicycle trips in West Bank, are admitted to Israel.  Note that so far, &#8220;pro-Palestinian organizations&#8221; are legal in Israel, but some members of the Knesset proposed to send them to detention camps.  Even though these were not formal legislative proposals, this reflects the general trend toward intolerance.  It starts with Prime Minister declaring that &#8220;delegitimization&#8221; is the gravest threat against the state, and NYT and Ha&#8217;aretz belong to most dangerous enemies.</p>
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		<title>By: sh</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64652</link>
		<dc:creator>sh</dc:creator>
		<pubDate>Wed, 06 Jun 2012 22:10:12 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64652</guid>
		<description>I agree that a computer search is not like opening and rummaging through your suitcase. They say they are concerned about bombs or guns when they question you before you board a plane to Israel. Whether you&#039;re cheating on your partner or in the throes of a bankruptcy are not likely to endanger Israel. If you need a police warrant to search a home, the same should apply to a computer. But I&#039;m not a lawyer. 
.
I was wondering whether the fact that Mohamed Merah turned out to have breezed into and out of Israel without hindrance a couple of years before he went on the rampage in Toulouse didn&#039;t make someone in the security establishment feel the need to overcompensate. http://www.jpost.com/Defense/Article.aspx?id=263485</description>
		<content:encoded><![CDATA[<p>I agree that a computer search is not like opening and rummaging through your suitcase. They say they are concerned about bombs or guns when they question you before you board a plane to Israel. Whether you&#8217;re cheating on your partner or in the throes of a bankruptcy are not likely to endanger Israel. If you need a police warrant to search a home, the same should apply to a computer. But I&#8217;m not a lawyer.<br />
.<br />
I was wondering whether the fact that Mohamed Merah turned out to have breezed into and out of Israel without hindrance a couple of years before he went on the rampage in Toulouse didn&#8217;t make someone in the security establishment feel the need to overcompensate. <a href="http://www.jpost.com/Defense/Article.aspx?id=263485" rel="nofollow">http://www.jpost.com/Defense/Article.aspx?id=263485</a></p>
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		<title>By: Piotr Berman</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64642</link>
		<dc:creator>Piotr Berman</dc:creator>
		<pubDate>Wed, 06 Jun 2012 20:12:13 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64642</guid>
		<description>It is a larger invasion of privacy than intercepting mail, because (a) there is an archive, (b) passwords opens other archives of documents like Google Documents, and shared documents (c) passwords opens other accounts, like in this case, Facebook, but there can be much more.

And what if they want the e-mail password for the job-related server?  This is outright forbidden security breach.

As I said, it is stupid for US government (and other governments) to allow for that.  Simply reciprocal application of the procedures would suffice.</description>
		<content:encoded><![CDATA[<p>It is a larger invasion of privacy than intercepting mail, because (a) there is an archive, (b) passwords opens other archives of documents like Google Documents, and shared documents (c) passwords opens other accounts, like in this case, Facebook, but there can be much more.</p>
<p>And what if they want the e-mail password for the job-related server?  This is outright forbidden security breach.</p>
<p>As I said, it is stupid for US government (and other governments) to allow for that.  Simply reciprocal application of the procedures would suffice.</p>
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		<title>By: Mark Croydon</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64640</link>
		<dc:creator>Mark Croydon</dc:creator>
		<pubDate>Wed, 06 Jun 2012 18:34:50 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64640</guid>
		<description>This has been going on for a very long time; it is nothing new at all. Friends of mine who work for NGOs or development institutions have for years been routinely told to do this. 

E mail messages are completely different from books you put in your suitcase, precisely because they are a form of mail; they are personal and private communications. I am very aware that many countries do not treat e mail in the same way that they treat normal mail, under the extremely dubious reasoning that they are text messages copied onto a server and therefore should be accessible to anybody who has rights to look at the server. I don&#039;t agree with this, and think e mail should be treated like the normal post - but in any case I don&#039;t agree that they are the same type of things as books or papers you might carry in your suitcase.</description>
		<content:encoded><![CDATA[<p>This has been going on for a very long time; it is nothing new at all. Friends of mine who work for NGOs or development institutions have for years been routinely told to do this. </p>
<p>E mail messages are completely different from books you put in your suitcase, precisely because they are a form of mail; they are personal and private communications. I am very aware that many countries do not treat e mail in the same way that they treat normal mail, under the extremely dubious reasoning that they are text messages copied onto a server and therefore should be accessible to anybody who has rights to look at the server. I don&#8217;t agree with this, and think e mail should be treated like the normal post &#8211; but in any case I don&#8217;t agree that they are the same type of things as books or papers you might carry in your suitcase.</p>
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		<title>By: caden</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64633</link>
		<dc:creator>caden</dc:creator>
		<pubDate>Wed, 06 Jun 2012 15:20:55 +0000</pubDate>
		<guid isPermaLink="false">http://972mag.com/?p=47610#comment-64633</guid>
		<description>Mondoweiss, come on, I know since Julius Streicher was hung you have to go with what you have but how about a source that is a little closer to neutral.</description>
		<content:encoded><![CDATA[<p>Mondoweiss, come on, I know since Julius Streicher was hung you have to go with what you have but how about a source that is a little closer to neutral.</p>
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		<title>By: Lila</title>
		<link>http://972mag.com/is-israels-search-through-visitors-email-accounts-legal/47610/comment-page-1/#comment-64631</link>
		<dc:creator>Lila</dc:creator>
		<pubDate>Wed, 06 Jun 2012 14:31:12 +0000</pubDate>
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		<description>I also disagree that a computer search is similar to a suitcase search. When police get a warrant to search your house, or when circumstances justify a warrantless search, they cannot search your computer without a specific warrant.  The search powers in the Aviation Law exist in order to protect the safety of a flight, and searching a person&#039;s  hard drive is not relevant to this purpose.  Also-The GSS Law allows the GSS to conduct &quot;intelligence searches&quot; at border crossings, but even this power does not apply to computers (the current Justice Ministry anti-terror bill seeks to change the GSS Law to explicitly allow computer searches, but as the law stands now, it does not).  And the SC ruling on consent searches (which talks about free and informed consent) would clearly not allow obtaining &quot;consent&quot; on threat of deportation.

But I definitely agree that even if the state *were* to argue that the above powers could apply to computers (and you said you were giving them broad constitutional leeway...) - it most definitely could not apply to gmail accounts.</description>
		<content:encoded><![CDATA[<p>I also disagree that a computer search is similar to a suitcase search. When police get a warrant to search your house, or when circumstances justify a warrantless search, they cannot search your computer without a specific warrant.  The search powers in the Aviation Law exist in order to protect the safety of a flight, and searching a person&#8217;s  hard drive is not relevant to this purpose.  Also-The GSS Law allows the GSS to conduct &#8220;intelligence searches&#8221; at border crossings, but even this power does not apply to computers (the current Justice Ministry anti-terror bill seeks to change the GSS Law to explicitly allow computer searches, but as the law stands now, it does not).  And the SC ruling on consent searches (which talks about free and informed consent) would clearly not allow obtaining &#8220;consent&#8221; on threat of deportation.</p>
<p>But I definitely agree that even if the state *were* to argue that the above powers could apply to computers (and you said you were giving them broad constitutional leeway&#8230;) &#8211; it most definitely could not apply to gmail accounts.</p>
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