Schneier on Security

>Sadly, this is legal.

Yes. Sadly, we have to live with it. Breach of privacy has become a common place in the US post-9/11. NSA can strip you anywhere they want and Customs can open your mail, w/o warrent. I read in novels that such a situation prevailed in Soviet Russia during cold war and it is happening now here in the US.

Sundar, nothing you refer to started after 9/11.
When this story was first widely reported a week or so ago there was no shortage of accounts from people relating that this has always occurred dependant on the foreign nation involved.

So you guys fought a bitter and costly Cold War, just to end up living like the Soviets. Hear that rumble? It's Stalin laughing in his grave!

Kind regards, comrades.

I thought America was the land of the free?? These days it looks more like 'the land of the prisons'

>I thought America was the land of the free??
>These days it looks more like 'the land of the prisons'

America is free!

Free from privacy, free from rights, free from accountability....

We can;

A. Play nice and roll over letting the aggressors around the world take over.

B. Fight and fight dirty to spread the American ideals to all corners of the world.

Just a thought

C. Maintain the ideals our nation was founded on so that the rhetoric of freedom we spout worldwide remains more than empty rhetoric, instead of doing the terrorists' work for them.

I don't know about simple letters, but I can tell you about small parcels. Every time someone tried to send me some food survival kit from France, it ends up *without* the sausage, and with a nice piece of official paper (inside the cardboard parcel) informing me - more or less - that "a piece of meat from unknown origin has been destroyed". It happened twice in a row. So I guess customs officer and the Department of Homeland Security are probably very good at catching bombs, because they trained on my sausages. I think I may be on a "gourmet food" watchlist :)

Freedom Is Slavery,Ignorance Is Strength

“I just want you to know that, when we talk about war, we're really talking about peace.� — George W. Bush, 43rd President of the United States

Welcome to 1984...a few years late!

Tank, you must not be aware that 2002 was after 9/11 huh?

It is much much much worse than you all think. As far as I know, this legislation is still in effect :

Taken From the Wall Street Journal, Friday March 5th 2004, Page A14

Repeal the Patriot Act : By Andrew P Napolitano

Earlier this week when President Bush asked Congress to enact the portions of the Patriot Act that are due to expire at the endd of next year, he provoked a critical review of the controversial law. Those who believe that our freedoms are guaranteed and cannot be legislated away by Congress remain committed to the repeal - not the renewal - of this overreaching legislation.
The Constitution prohibts invasions of privacy by the government by denying it the power to engage in unreasonable searches and seizures absent a warrant issued upon probable cause. Prior to Sept 11, 2001, we could actually enjoy that right. But in October 2001, the Patriot Act changed all this. In addition to other violations of the Constitution which it purports to sanction, the Act authorizes Intelligence agencies to give what they obtain without probable cause to prosecutors; and it authorizes prosecutors to use the information thus recieved in ordinary criminal prosecutions. Even worse, the custodians of the records are now prohibited from telling you that your records were sought or surrendered.
This is more than just academic. if the government can get evidence against you from your financial institution under the guise of national security - i.e., without a showing of probable cause - but use it in a criminal case against you, then the Constitution's guarantees have been shredded. But you know that already.
What most americans don't know is that on Dec. 13, 2003, the right to privacy suffered another serious blow. On that day, after the capture of Saddam Hussein, President Bush signed into law the Intelligence Authorization Act for Fiscal Year 2004. This statute expands the term "financial institution" so as to include travel agencies and car dealers, casinos and hotels, real estate and insurance agents and lawyers, news stands and pawn brokers, and even the Post Office.
Now, without you knowing it, the Justice Department can learn where you traveled, what you spent, what you ate, what you paid to finance your car and your house, what you confided to your lawyer and insurance and real estate agents, and what periodicals you read without having to demonstrate any evidence or even suspicion of criminal activity on your part. And the government can now, for the first time in American history, without obtaining the approval of a court, read your mail before you do, and prosecute you on the basis of what it reads. (Of course, if the government doesn't prosecute you, you'll likely never even know that it has invaded your privacy.)
None of this was supposed to have happened. The tools Congress gave to intelligence agencies are only constitutional when used just for intelligence purposes - like watching or deporting foreign spys - and only against genuine foreign threats. When criminal prosecution is implicated, the Constitution's protections are triggered.
Most Americans don't want the government to know of their personal behavior, not because we have anything to hide, but because without probable cause, without some demonstrable evidence of some personal criminal behavior, the Constitution declares that our personal lives are none of the federal government's business.
Government is not reason or eloquence, George Washington once said, it is force. That's why we have a Constitution: to restrain the bovernment's exercise of force so we can be a free people. Government surveillance undermines freedom because it is natural to hesitate to exercise freedom when the government is watching and recording. Numerous Supreme Court decisions have underscored this by holding that freedom needs breathing room. With the government's eyes in our hotel rooms, lawyers' offices and mailboxes, freedom will suffocate.
In his famous dissent in 'Olmstead', Justice Brandeis called privacy - which he defined as "the right to be let alone" - "the most comprehensive of rights and the right most valued by civilized men." Brandeis argued that the framers knew that Americans wanted protection from governmental intrusion not only for their property but also for their thoughts, ideas and emotions. Many current members of Congress and the Justice Department, it would appear, disagree, since they have continued their inexorable erosion of this most basic right.

Mr. Napolitano, a judge of the Superior Court of New Jersey from 1987 to 1995, is the senior judicial analyst with the Fox News Channel.

@Dan:

Why do Fox News and the Wall Street Journal hate America? :^)

@AG

Who thinks there's any entity -- besides the U.S. -- is that can seriously be considered to be ready to "take over the world."

Are we really to believe that Al Qaeda is that serious a threat? There were 6 years or so between the two attacks against the WTC. Al Qaeda clearly doesn't have much of a presence in the U.S. as it's very easy to commit terrorist attacks in the U.S. -- it's so big with so many soft targets, and many weapons can be purchased easily here, both legally and illegally. It is clear that they have no base here because American Muslims by and large reject Al Qaeda's goals.

Opening up communications is the key, not invading privacy by "opening other people's communications" (smile).

The more people hear what Al Qaeda wants, the less people will support them.

The more people hear that the U.S. is not about anti-freedom, anti-privacy, anti-Muslim and imperialism, the better our story will be. Most people around the world held high regards to the US pre-Bush's debacles: 1) WMD wrong; 2) Cost of war wrong; 3) Length of war wrong; 4) Al Qaeda links wrong; 5) Nuclear programs wrong; 6) Failing to guarding weapons depots wrong; 7) Failing to secure the country from looting wrong; 8) Increased terrorist attacks worldwide; 9) Liberties reduced; 10) Assumption of guilt increased; 11) Higher deficits; 12) Higher oil prices aiding Iran, Libya and Russia; 13) Not greeted as liberators wrong; 14) Digging its own mass graves in Iraq; 15) Torturing prisoners in Iraq;.... The list is just too much, with just about everything wrong, wrong, wrong.

Of course this search (and Congress' "act") are _completely illegal_ under this law:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

However, it doesn't matter, because the law has long since ceased to have any meaning in the US.

Opening of international mail (inbound and outbound) has been happening for many years in the US. I can't remember a time when mail i receive from my family (or send to them) wasn't routinely opened. Packages, especially, are rarely, ever, received unopened. The most common type of opening is a cut closed with postal tape.

@David

"Who thinks there's any entity -- besides the U.S. -- is that can seriously be considered to be ready to 'take over the world.'"

The World has already been taken over. UN, China, US, OPEC, World Bank, International Courts, InterNic, Exxon, etc...

All of the entities work together to "control" the World.

We live in a Pluristic world. One of the most important questions you can ask yourself is; What groups do I belong to?

While you are right in that invading privacy is bad. Not invading that same privacy can be equally bad.

In some respects, the opening of postal mail at US Customs reminds me of the Phil Zimmermann's (the fellow who developed PGP) experiences years ago at a US airport. He was being questioned by federal authorities and learned that the US rights don't really apply in the airports' international zone. Until one clears Customs, one is not really in the US. Probably works the same way in other countries.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Well, just what does that mean, exactly? Clearly the "people" mentioned in this amendment should not mean all people everywhere. If it did, then any spying by the government, upon anyone at all, would be illegal. Then there is the matter of deciding if the correspondence of a "person" can really be considered part of the person's "papers"... especially after it has been tendered to the government for delivery. If we were talking about FedEx, well that's a bit different than the government's own postal service.

Its is common for most countries to open inbound mail, and most reserve the right to open outbound mail. Hell its recommened that "do not xray" (electronics/disks) packages be in these easy to open and repack packages, and that its a good idea to do that anyway so they open and close em. No body is pretending at all.

Here in NZ some of it is for tax reasons, but most it for biosecurity. They are more worried about moths getting than drugs.

Out of all the breaches of privacy, this is the one i'm least concerned about. I mean how much do you trust all (in both countries) the postmen that will handel the package/letter?

>Domestic First Class mail is still private; the police need a warrant is to open it.

Warrants are so "last century".

Is Customs required to give you any kind of notice that your mail has been opened? Or is it usually just obvious? I suppose with some work they could make it hard for you to detect tampering, but would they bother?

I wonder how Customs would react to someone exchanging DVDs full of random bits with someone in another country.

Next thing they'll try to do is inspect your luggage as you try to enter or leave the country! Then comes opening parcels crossing the border! How dare they invade our privacy!

And to answer the question, no, there is no requirement to announce that a package has been opened for inspection. Ever wonder how some of those drug smugglers are caught and convicted? Often, postal inspectors will replace the drugs with a harmless substitute, then watch and see who takes posession of the package.

As for commenting on this in such inflamatory language: How stupid do you think people are? (Well, judging from some of the other comments, pretty stupid, I guess.)

This is absurd. The right of US Customs officials to search imports and exports for contraband was granted in 1789 by that well known fascist George Washington and his neo-con crony Alexander Hamilton.

That right did not extend to reading your mail without warrant BUT NEITHER DOES THIS!!!! Bruce only quoted subsection (a)(1); subsection (c)(2) specifically prohibits the persons engaged in searching for contraband from reading any mail they find, or permitting anyone else to read it, unless under warrant or with written permission from the sender or addressee.

Just another case of a journalist reading the first paragraph and running off the deep end before he reads the rest.

@Phil Karn:
> I wonder how Customs would react to someone exchanging DVDs full of random bits with someone in another country.

They would not react at all:
1. For a start, they would not even search the letter unless it was a really enormous amount of DVDs, because subsection (d) prohibits searching sealed articles under 16 ounces in weight;
2. Under subsection (c)(1), they must have reasonable cause to suspect the package is involved in one of several crimes;
3. None of the crimes listed in subsection (c)(1) pertain to import or export of DVDs, unless they contain pornography ro classified information; and
4. Subsection (c)(2) probably prohibits them from viewing the contents of the DVDs without a warrant (but IANAL.)

"Tank, you must not be aware that 2002 was after 9/11 huh?"
Posted by: Jacob Appelbaum at January 16, 2006 11:39 AM

What did I just say fool ?
This story was reported in papers a week or two ago. At that time people were recounting personal experiences of the same thing happening for decades.

Little Sisters Bookstore (gay/lesbian bookstore in Vancouver Canada) has been fighting with Canada Customs since 1986 over the the censorship of incoming materials. The case is now at the supreme court.

http://www.littlesistersbookstore.com/index_court.html

The grass isn't always greener...

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The keyword here is unreasonable. No one was mailing bombs back in the time of the Constitution.

On the other hand, Z-Scanners can certainly see inside a package and detect a bomb. I see no reason for any "reasonable" need to open a package unless a bomb or other deadly agent is suspected.

The list of "contraband" goes way beyond anything that a healthy, freedom conscious government should be concerned about.

Good thing I can order stuff from UK and germany and no need to deal with US at all. All that counterterrorism nonsense in the US is simply too much. Doesn't it ever occur to anyone that US is actually losing money for real with all this security nonsense they're conducting?

@Ari:
Are you seriously suggesting that Finnish customs officers never inspect imported goods? I find it hard to believe.

I know that UK and Germany counts as trade within the EU and thus there generally are no tariffs to be paid, but even then there are exceptions (e.g. alcohol).

> Doesn't it ever occur to anyone that US is actually losing money for real with all this security nonsense they're conducting?

Umm, no. The main purpose of Customs officers inspecting goods is to charge tariffs and excise. They actually make money, not lose it. In fact on the ratio of expenses to revenue in most countries Customs is the most lucrative branch of government, better than the tax department. Now there is a certain economic theory which holds that on balance we would all be better off without any tariffs at all, but I would be surprised to hear that you are a Globalisation supporter!!

@Guillermito

'Every time someone tried to send me some food survival kit from France, it ends up *without* the sausage, and with a nice piece of official paper (inside the cardboard parcel) informing me - more or less - that "a piece of meat from unknown origin has been destroyed".'

If you've ever entered the United States from a foreign country, whether you're visiting or returning, you'll know that Customs will ask you if you're bringing in any meat product or fruits. Any such items will not be allowed into the country.

So in your case, Customs is just enforcing the same rules they've been enforced on persons entering the country.

"The keyword here is unreasonable. No one was mailing bombs back in the time of the Constitution."

Actually, no one is mailing bombs right now as well, at least not from foreign countries. The Anthrax case was entirely "domestic" (coming from military laboratories), as it was Unabomber. Long-distance deliveries are too unpredictable to be good carriers for very sensible materials like explosives and chemicals.

@MSB:

I know, but thanks for reminding it. Every country, mine included, has the right to check incoming packages, just like they do in an airport, for forbidden products. As someone above said, it can be out of fear of biological invaders, also to stop drug import, etc. I understand this is quite normal, and it is very different than DHS reading a personal mail.

I was not saying it's a political scandal to get rid of my sausages, I was just trying some comic relief here :)

"I don't know about simple letters, but I can tell you about small parcels."

Me too. Here in Canada, sausages and ham are removed as well as bottles of wine (for which there is really no justification). It has always been the case (I think) that parcels are inspected by customs. It's their job to check imports and when you send a parcel abroad, you will have to complete a customs declaration which informs you that the parcel may be opened by customs.

However, we are here talking about opening *letters* without a warrant. So most of the discussion here is missing the point. Inspecting international letters is legal in Canada as well as in USA but I think it is not in Europe, and it shouldn't.

@piglet:
> It has always been the case (I think) that parcels are inspected by customs. [....] However, we are here talking about opening *letters* without a warrant.

Incorrect, sorry. Please see the actual legislation (which Bruce linked to), rather than the sensationalised press version. Without a warrant they can only open parcels over 16 ounces in weight, and then only if they have reasonable suspicion of a crime. And without a warrant, they are forbidden from reading letters at all.

If this only applies to parcels over 16 ounces (453.6 gramms), why do they say "all mail"? I admit I am confused now.

-- “All mail originating outside the United States Customs territory that is to be delivered inside the U.S. Customs territory is subject to Customs examination,� says the CBP Web site. That includes personal correspondence. “All mail means ‘all mail,’� said John Mohan, a CBP spokesman, emphasizing the point. “This process isn’t something we’re trying to hide,� Mohan said, noting the wording on the agency’s Web site. --

http://www.msnbc.msn.com/id/10740935/

From personal experience - outgoing mail can also be "inspected" by a variety of agencies: USPS, Customs, Military, Foreign org, dishonest carriers/employee

While in Iraq for OIF, several care packages I recieved from home were officially "inspected". Some included a form or sticker stating the inspection took place, some were just obviously resealed, some were missing items (with or without an official explaination), and some packages never arrived.

I also had mail I sent home get inspected as well.

Regarding U.S. Customs opening across the border mail... My FedEx package (a one page letter in an envelope inside a flat FedEx envelope) from Canada was stripped open. This was a business letter. Above someone posted that first class mail still needed a warrant. Wouldn't an overnight currior as FedEx apply. I was shocked, dismayed and wondered if whomever opened and read MY private mail, made a copy of it? Thanks to anyone with further information.

I send international parcel mail regularly to the U.S. and Europe from New Zealand and have always worked under the assumption that the contents of any of these parcels will be freely inspected by border control at either end whether it be via x-ray or simple physical inspection. From memory the NZ 'customs declaration' form attached to these parcels actually implies this is the case.

It surprises me that the law has been ammended to allow this in the U.S. although I assume 'mail' in this case possibly refers to envelopes rather than parcels?

If so I'd be equally surprised in this day and age if businesses or individuals send confidential information via physical mail when many more secure options (and faster) are available us.

I have an International mail now is being processed by the US Customs. I couldn't believe what happened here, the mail is urgent for me and it has been in the Custom for a week. What the fuck.....

My daughter sent her absentee ballot to via FedEx in 2004. I wanted to make sure her vote arrived and was counted. Customs opened the FedEx envelope and sliced open the ballot!!! There was nothing in the FedEx envelope but the very obvious absentee ballot. I took pictures of the FedEx envelope which I delivered unopened to the election office. The clerk there opened the FedEx envelope and discovered the sliced open ballot. I received a letter from Customs via my Senator which said:
"Let me assure you the CBP did not have a political agenda when the FedEx package and its contents, the absentee ballot, were examined. The examination was solely to ascertain the admissibility of the shipment." I don't believe that for one minute. It was well known that the ex-pat community heavily favored Kerry.

How long does it usually take for an envelope to get through customs? It is coming in from france and it has been a week with nothing delivered!! How long does the process usually take???It only weighs .4 kg!!!

And it is coming through FedEx!!

I recieved a couple pieces of mail from my job and both pieces of mail were open when I recieved them from my human resource manager. When I ask my human resource manager why was my mail open, He told me that since it came to there address he open it. To me I think that is illegal an a violation of my privacy. But the question I was wondering was is that illegal and what can I do about this.

Just received a package of games from Canada and there is an obvious slit at the top of the package- US or Canadian Customs I'm sure. It is too bad that the US talks a great deal about Freedom and Liberty; however, to quote the great Benjamin Franklin: "When you give up liberty to gain temporary safety, you deserve neither liberty nor safety." Thanks Patriot Act!

There is a reason courier delivery services like Fedex have their mail opened so much compared to regular US postal mail....ONLY USPS mail is required to have a search warrant to open their packages, while services like UPS, Fedex, DHL, etc. don't need a warrant to open mail since they are courier delivery services exempt from this US federal provision regarding mail less then 16 oz.

The best way to ensure Customs doesn't open your package is to CLEARLY state what is in the package. If you have business documents from your employer being mailed--state exactly that! Don't be vague and just state "paperwork". Customs officials HATE vague terminology on the US Customs declaretion forms.

"The best way to ensure Customs doesn't open your package is to CLEARLY state what is in the package."

This is probably true, but I have to wonder: does Customs simply not believe that people lie?

I did not have the time to read all the comments written here, but let me make something very clear.
If it comes across the border, we can look at it without warrant. This includes everything without exception. We look at letter class international mail. What do we find in such mail? A few grams of heroin, currency, checks and monetary instruments, passports etc.
We can look at mail coming in, so we can look at anything coming in including your person, on your person and concealed within your person. And we do just that.
All the authority I have to search persons and things coming into the U.S., I have the same authority for person and things leaving the country.
That is it in a nutshell. Most of this search authority we had before 9/11, however, that authority has been broadened scince 9/11.

The biggest problem is not the opening of packages, as this is a countries right to protect itself and its citizens....
UPS has stated that if US Customs does open your package the likelyhood of it being damaged after being opened significantly increases as they dont repack them the way you or I would.....

My complaint is the lack of care in this regard.
Open the package, but also repack it as you found it....

i was wondering how long the us customs agents or the post office has to get the packages delivered??
i sent souveniers home from paris and at the same time i sent home helmets.. the helmet package was recieved.. but so far i have not recieved the other package..

To the Customs Inspector:
What would be your justification for inspecting letters or packages leaving the United States? Why wouldn't that be the business of the country into which they're imported?

But, more broadly, circumstantial evidence in a number of instances and over a period of time too extensive to be ignored convinces me that either the Customs Service, or some other foederal agency, exercises this power for political purposes against people on enemies lists, or expressions of political opinion against the ruling power, or, to be blunt, the current dictatorship in the United States. The activities which would probably be of the Customs Service (though perhaps they are exercised, directly or otherwise, by that secret-police agency, the FBI) have been very difficult to understand if they are other than supporting that dictatorship and conducting a witch-hunt of and oppressing its enemies real or perceived.

I am a Customs Broker in the US. We handle the documentation to clear items through US Customs, Fish & Wildlife (FWS), Food & Drug Administration (FDA), and many other government agencies for people/companies when it is imported. When items are entered into the US, they can also be inspected by other agencies other than Customs - FDA, USDA, APHIS, DOT, FWS, etc. Customs and the other agencies work together for our protection. This is not to impede on your privacy, but to ensure the contents are within US regulations and do not contain diseases, insects, etc. that can harm our people or commerce. For example, fruits, vegetables, wood packing, etc. are checked for insects that are in other countries damaging crops and forests to keep them from entering our crops & forests (protecting US agriculture, forestry), poultry/bird items are inspected to protect people and businesses against avian flu (think of the mass slaughter of poultry in Asia and the effect that would have on our farmers). Many others - mad cow disease, swine flu, etc. (sausage!). They also inspect items to protect copyrights & trademarks - think fake Rolex, Coach, etc. - to protect legitimate businesses. Alcohol is under the jurisdiction of each state in the US and as far as I know, all allow you to import a certain amount for personal use if you file the right paperwork or carry it in on your person.

If you are concerned about them copying your private business papers, votes, etc., think of the number of packages/letters that arrive DAILY into the US. Do you really think they are concerned with one vote or one business letter? They are only concerned with the legality of it. That inspector may be a Democrat too...

For items leaving the US, they are protecting against such things as cars stolen in the US and being exported, technology that you cannot legally export, etc. (US Bureau of Industry & Security).

There are websites for all the agencies that clearly state what they do and why they do it. If you plan to import/export something, know before you ship/mail and provide the proper documentation and list of items included. That will speed up the process. If you don't have the time or ability to handle it yourself, then pay someone to do it for you who does.

These are our US laws passed by our government - the one we voted into office. Perfection is not found in any country. If you are a US citizen unhappy with laws & regulations, write to the people you elected (you did vote, right? - non-voters should not complain). If you are not a US citizen and do not like our laws, then you have the right to do as someone else said they do and take your business where you are satisfied (if you can be).

Fuck the usa and usa customs.You fucking yanks.Custom officers are fucking pussys.

UK rules USA sucks.All of you yanks suck.

i sent a package to canada from the US over 8 days ago by global priority mail service (they guarantee 4-6 day service). Is it possible that US customs has opened my package? it was a cell phone i accidently took and forgot to give back to a relative...

The customs officers on here are contending that all mail gets opened. That's insane. You inspect all the mail, but many items coming into ports, i.e. large shipping containers, are not fully inspected?

Some one is full of it. It's impossible and impractical to inspect all the mail, packages, containers entering or exiting the country.

Under current law, the Customs Service is empowered to search without a warrant inbound mail handled by the United States Postal Service (USPS), and packages and letters handled by private carriers such as Federal Express and the United Parcel Service. This power derives from the traditional authority of the sovereign to protect its borders against inbound contraband, and to collect duties on inbound freight. See Ramsey v. U.S., 431 U.S. 606 (1977). All vessels, vehicles, persons and merchandise, including mail, inbound or outbound is subject to search. Simply put, Customs authority is very broad in that everything crossing the border is subject to search, but very narrow in that there must be a "reasonable certainty" that the item does in fact have nexus with the border. Generally, Customs searches are for merchandise. The definition of merchandise was intentionally made very broad when the Customs laws and regulations were written, in 1789. CBP Officers are typically searching for money, drugs, weapons and other prohibited items. Outbound searches are for the same things: money, US produced weapons (US military equipment, assault rifles going to El Salvador or Darfur, missile guidance systems, etc), and technology. The US has a tremendous technological advantage over the rest of the world and it is in all Americans' best interests to ensure it stays that way.

For more on Customs authority regarding outbound mail searches, read the entirety of 19 USC 1583. In order to actually open any mail, certain conditions must be met. In the case of letter class mail under 16 ounces, these are very detailed and strict. A USPS employee is also required to be present to witness the inspection and ensure it is properly repacked (and the USPS did, in fact, oppose the proposed change to Customs outbound mail search authority). The reason letter class mail is excepted from warrantless search is that letter class mail is just that, letters and not merchandise. If you actually take five minutes to read the law most people will see that it is not an intrusion into anyone's Fourth Amendment rights.

this is a message to those of you who say that america isn't free and that we have no rights. Those laws and acts that your complaining about ARE our rights... they protect us. The government takes precautions to protect us against things like terrorism and your saying they treat us like were in a prison? Have you heard of the word COMMUNISM? That's what I thought...

If you have nothing to hide, then why be upset?

Sounds like a good debate is going on here.

I agree the government should have some leverage to monitor activity but never should it have absolute say in all matters.

Thats scary. At least to me. Especially since I bet most rich people with power wish they didn't have to put up with the poor people's aggression.

Since the Rich use poverty to leverage slavery or should I say low wage slavery
it will benefit the rich and powerful to disarm and take things away from the poor to weaken any potential uprising.

At some point the rich will cross the line and the poor "who out number the rich"
will rebel as they have for centuries.

Anyone who agrees the government is looking out for them is seriously skewed in their thinking. Even something as trivial as opening mail just because they want to is just another hand in your pocket and set of eyes on your daily life.

The so called terrorists are just rebel's.
And until the rich give back power we will always deal with rebellion.

So choose wisely about who you support and who's "rules" you think are fair.

I say we finally "evolve" into a classless society but man that won't fly with the super rich.

I guess its a catch 22. To be rich we need the poor and vice versa.

Maybe we should stop killing the poor?
Or maybe we should kill the rich??

Hey whatever right!! Its not affecting us so lets go back to watching American Idol YAY!! easy stuff!

"this is a message to those of you who say that america isn't free and that we have no rights. Those laws and acts that your complaining about ARE our rights... they protect us. The government takes precautions to protect us against things like terrorism and your saying they treat us like were in a prison? Have you heard of the word COMMUNISM? That's what I thought...

If you have nothing to hide, then why be upset?"

Just to let you know that the premise
of communism was to use the community as a business entity to generate revenue and support for military conquest. Now take a second to reflect on my comment and think about America's situation.

And last time I checked the government's role in my life isn't for my protection it's for my use. And right now the Government hasn't helped me and a great deal of the people I know. And how can the government be concerned with Joe Smo nobody "unless its election season" when lobbying is at its all time high for big business interests.

You can pretty much believe the opposite of what every politician says.
Thats almost factual knowledge and a great deal of trail blazers from Clinton to both Bush presidents are proof of that.

When I was in the Navy all of our resources went to guarding Oil fields or Oil rigs. Your tax payer money guarding foreign interests. Hmmm... Doesn't sound like they are protecting much of my interests.

I'm just wondering, what do customs do exactly to mail? What kind of machines/devices do they use and does the wait time varies from city? I usually order books from japan and it takes a day or so for it to clear in DC i believe but it going on day three in my books are in chicago.

I sent an XPRESSPOST (enclosed are three passports) to the US from Canada on Feb 24, 2007 and arrived at the US on Feb 28, and it is not received till now. I am not sure whether it has been held by the American Customs. Can anybody tell me how to get the information whether your mail has been held by the Customs? Thanks!

Having just within the last few hours, received tampered airmail sent to me, a legal permanent resident of 15 years, resident in Washington D.C, from my mother, still resident in my homeland Scotland, I feel compelled to comment.
Defying all grounds of physics, the envelope arrived torn on three sides, rendering the envelope to act as a semi-functioning folder, I say semi-functioning for the "spine" was only held together by two sinews of paper.
I am at a loss as to how the 5 page personal letter remained inside.
Feeling somewhat violated I placed a call to the U.S post Office, after much broo-ha ha, I managed to speak live to a representative, who rather flippantly informed me that U.S customs opens all International incoming mail, not entirely shocked at this, for I have noticed since 9/11, that my mothers letters have frequently arrived on my doorstep with what is best described as "nibbles" and bite marks taken out of the envelope, perhaps even resealed...but in no way has the intrusion been this obvious in the past.
I asked the representative what would be the criteria for the U.S customs to select my mothers rather innocuous looking letter from Scotland, a historically fierce bunch, but last time I looked, a bunch on friendly terms with the U.S, and if I am not mistaken, dieing along side American service men in the middle east, from bundles and bundles of International mail...she hung up on me!!
I redialed, to finally get in touch with someone a tad more professional.
She took my details and told me that someone with "authority to answer my questions" would call me back.
It has come to my attention, reading above comments, that yes the customs can exercise their right to open personal incoming mail, but that after doing so they must render that piece of mail "sendable", the postal service on receipt of said letter accepts it as "sendable"...if it is not, they are then responsible for any repairs, including their initials or signature above the address noting tampering and perhaps missing contents!!
My letter it would seem, did not meet their "sendable" requirements or criteria...
I find this to be totally unacceptable, again, I feel violated, with god alone knows who, now privvy to family affairs.
Shocking!!!!

Re: "this is a message to those of you who say that america isn't free and that we have no rights. Those laws and acts that your complaining about ARE our rights... they protect us."

You do realise, don't you, that, first, there are two separate issues, 1)the "laws and acts" and 2)what the government (often illegally), does, the latter of with which I've had a lot of experience -- Customs, the USPS, the FBI or somebody has frequently slit open my letters clearly addressed from me and to some foreign address and actually returned them to me without explanation! Second, those laws and acts are not our rights -- the rights are enshrined in the Constitution and limit the subject of that legislation. Furthermore, the excuse that "they protect us" may be arguable, but realise that it's the same excuse that Nazi Germany used for its enactments (protecting people against Bolshevism, protecting children against the existence of Jews &c.) as did Stalinist Russia (defending the revolution, &c.).

"The government takes precautions to protect us against things like terrorism and your saying they treat us like were in a prison? Have you heard of the word COMMUNISM? That's what I thought..."

Yes, I've heard the word "COMMUNISM," which you're apparently using as a synonym for, e.g. Stalinism in the former Soviet Union. It's extremely difficult, these days to tell the U.S. apart from the USSR of that era, and I've written about this elsewhere in some detail. But you don't need to read me; this is all exhaustively detailed and unrefuted in newspapers of wide circulation.

I order some Mp3's from China to be shipped to Peru, Items left on January 18th, 2007 it is 26 April, 2007 I wonder what type of inspection my goods are going through I cant get any information on the goods and all I am told is to contact the shipper, I did for over 60 times and the response was that US Customs still is checking the goods. I am not sure why buit this goods have nothing to do with USA, they are going to a foreign country like Peru, why will they have to be held this long and I don't even get a notice letting me know the reason it has been held up for so many months how is a bussness to survive with prices of goods going down day by day?

again another example of burocratic red tape.

Walter R. Maguina

I have a parcel that has been in Custome since the 9th of April and tommorow is the 1st. i am very concerned that i will not receive it. I tried contacting customs and all i got was a voicemail in which I left numerous messages and no retuen calls...my tracknig number is ea838125801cn i need smoe feedback becaue this has happend once before but never took this long...all thats in it are some shoes and clothes comming from China. send me a email to garcapone2002@yahoo.com

I sent a dividend check from a private investment via FedEx to my stock broker in the U.S from the U.K. where I spend time in the summer. I put "documents" on the description thinking that the description box was for insurance issues, and I guess I consider a check a document. The check is now being held by customs and when I called to ask them about it, I got lectured, almost accussed. Did I break any laws? I didn't think it was a big deal to send a paper check to my stock broker. Checks have paper trails, and so do deposits into banks.

Hi frances,

did you get any information about your passport?
I have similar case, where the passport has been held by the US Customs.
I do not know how to proceed? Will i get the passport?? Please reply back asap. I hope you understand my condition.

smallwonder,
Have you received your passport.
I am in same boat, my PR cards are lost.
Can you tell me how to proceed.
Thanks, Amit

What risk is there to apply for the expedited NEXUS border crossing program?

I'm a Canadian citizen, and frequently drive across the Canada/USA border to shop in the USA. The wait times have grown to up to three hours at times. NEXUS pre-approved/"screened" "low risk" card holders can cross the border with minimal delay by using an exclusive queue reserved for them which often has little to no wait time.

To apply for NEXUS membership, you have to provide a passport, and birth certificate.

My fear is that the NEXUS membership may open me up to extra judicial or national security scrutiny. My understanding is that NEXUS allows Canada and the USA to formally share information about me.

I have no criminal record and am generally a law abiding citizen. I declare the value of goods purchased in the USA within about 90-100% accuracy. I don't own a firearm. I don't drink, and rarely purchase alcoholic beverages for gifts. I don't traffic in any ilicit goods or services.

Should I apply for NEXUS? The annual fee is US $50, and the cumulative savings in time crossing the border would be substantial. However, is my personal privacy or other in-alienable rights in greater jeopardy by becoming a NEXUS member?

HOW DO I GET MY PARCEL OUT OF US CUSTOMS WITHOUT PAYING THE ABSURD PRICE THEY WANT?

Hi, my friend sent me Christmas's presents. It got to NY since 11/30/2007, but the status still said "Impound International Arrival". Can you tell me how long I have to wait to get my friend's present?

MY PACKAGE WAS SENT FROM CHINA TO CANADA , THE US CUSTOMS ARE HOLDING IT , THE CONTENTS ARE ILLEGAL IN USA BUT LEGAL IN CANADA , CAN THEY REFUSE TO SEND IT TO CANADA??? PLEASE CONTACT ME IF YOU KNOW

It just happen with me, i just got a intenational package. it was all ripped off, realy sad. My sister sent me a ring that it is not there..stolen!!, they dont send yo any why? or excuse... only a big label on top with bar code say "international inbound parce" / SIGANATURE CAPTURE.
WHAT!!!
We are being violated in this "free land"..
For how long more

okay, so the us supposedly inspects ALL parcels, fine.
am I understanding correctly that they also open parcels just going through their country on its way to somewhere else?
and how do they check food items??

I purchased a large bottle of sauce from central america to be sent to japan.
it was apparently opened somewhere, resealed with an orange tape that says 'Custom Inspected'.
(anyone know if us seals are orange?)
no letter, no explanation, no indication of where they checked it.
and 1/4 of the content of the bottle is gone!

I can bear the idea of them checking contents (though I really think they should at least stick a note that they've done it), but pouring out 1/4 (that's like 200ml!) is way too much for 'inspection', especially since I don't imagine they've done any real chemical testing or anything
(it arrived too early for that).

with all the food tampering/poisoning incidences that we've been having lately, I don't feel very comfortable consuming a product that's arrived in this state.

U.S. Customs has had my package for 5 days. What can I or what do I need to do? Is there anyway I can contact them to find out what the problem is or will they contact me. Can someone email me with an answer to my problem at krazyiek@hotmail.com. Thanks I hope someone can answer my concerns

I ordered an auto part from B.C., Canada, and it got all the way to Southern California just to get stuck in U.S. Customs limbo. It's a car part! I had to call UPS to ask where it was; they then told me US Customs needed to see the invoice. I sent the invoice: where is my car part? Something is seriously wrong, and the dodos in Washington (and the people who elected them) don't know what it is. All this "protection" government employees speak of wouldn't be needed if the US wasn't raping and pillaging all over the world, making the world "safe" for corporate minions.

The trade act only restates the U.S. Code Section 1581(a), Title 19, U.S.C.:

"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act, or at any other authorized place without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance."

Plain as the nose on anyone's face is the fact that these folks are given the power to protect the commerce of the U.S. This is directly related to our country's sovereignty. Perhaps if we could correct the people who abuse the borders and our country's commerce, we could expect less inspection at our borders (or functional eqivalent thereof).

I have been and have had packages checked by these fine people and I appreciate their job. U.S. Customs is the only agency specifically created by the consitution!