Monthly Archives: September 2010

Lest you think there's nothing at stake when people decide how much leeway to give the government to search, question and monitor, here's Digby, Mission Creeps — The New Surveillance State, with pointers to two articles which when read together give you a good idea of the rather discouraging state of play: Glenn Greenwald, The Obama administration's war on privacy and a little case study, Daniel Rubin, An infuriating search at Philadelphia International Airport.

For some interesting stuff about a US Citizen's almost-never-exercised right to remain silent when re-entering the United States, and the punitive responses it incites from our public servants, see Paul Karl Lukacs, I Am Detained By The Feds For Not Answering Questions and the sequels, 10 Brief Responses To 700 Comments About Refusing To Answer Questions At Passport Control and More Law: Refusing To Answer Questions At U.S. Passport Control.

Here's how it begins:

I was detained last night by federal authorities at San Francisco International Airport for refusing to answer questions about why I had travelled outside the United States.

The end result is that, after waiting for about half an hour and refusing to answer further questions, I was released – because U.S. citizens who have produced proof of citizenship and a written customs declaration are not obligated to answer questions.

* * *

“Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron.

“None of your business,” I said.

Her eyes widened in disbelief.

Lawyers and others may want to read Split Circuits, N.D. Georgia Notes Split Re: Whether Use of Pre-Arrest Silence in Government’s Case-in-Chief Violates Fifth Amendment

(Found via Pogo Was Right, Pointer: More Law: Refusing To Answer Questions At U.S. Passport Control)