Elvira

(1) I believe immigration officers have the right to inspect your luggage and read any correspondence and other materials contained therein. So I expect they would argue that e-mail falls within the same category.

(2) The US government reserves the right to exclude anyone who does not meet their criteria for gaining admittance. So if they consider something illegal, that's all that counts.

Tough, but this seems to be the way it is...

fatbrit

I would hope, though, that if you pass they cordially welcome you to the land of the free.

Hypertweeky

Got that right

L D Jones

Folinskyinla wrote:

    >>Folinskyinla wrote:
    >>>Hi:
    >>>A law professor/immigration attorney has posted this broadcast on
    >>>several attroney e-groups. I've redacted the identifying
    >>>information,
    >>>but thought it might be of interest here:
    >>>"I'm doing some research on the following issue, and would like to
    >>>hear
    >>>from anyone who has clients who have experienced this treatment:
    >>>"The Department of Homeland Security officials (CBP) at a particular
    >>>US
    >>>airport have the following practice: When aliens with approved US
    >>>visas
    >>>come into the United States through the airport, the agents select
    >>>some
    >>>of them for secondary inspection. "Secondary inspection" takes
    >>>place in
    >>>a closed interrogation room. In the room there is a government
    >>>computer
    >>>with Internet access. The agents order the aliens to log onto their
    >>>Internet e-mail accounts. Once the aliens have logged in using
    >>>their
    >>>user IDs and passwords, the agents take over the computer and read
    >>>the
    >>>aliens' e-mails (on Yahoo!, AOL, MSN, etc.). The agents do this to
    >>>see
    >>>if there is something incriminating in the e-mail that would allow
    >>>the
    >>>agents to deny the aliens entry.
    >>Coercing someone to login to their webmail account is more than just
    >>"snooping" particulary if the person is threatened with removal should
    >>they refuse. I suppose under the guise of "homeland security"
    >>unreasonable search and seizure doesn't apply
    >
    >
    > Hi:
    >
    > It has NEVER applied in border inspections.
    >

Of course

ian-mstm

Generally, I would think no. If the person burned the songs to a CD however, I guess he could be charged with smuggling! Seriously though... downloading per se is not illegal - at least not in Canada. At any rate, the RIAA and the CRIA do not usually go after downloaders, they go after those who offer up those files so that they can be downloaded by others.

Ian

scrubbedexpat099

My web accout would only containg incoming messages since I last downloaded, not a lot and certainly for ther one I use on boards, mainly spam.

There seems a lot of ladies around here whose husbands are out of town and are looking for fun, judging by the number of e mails, pretty much the whole local female population.

I digress.

What would worry me more is if the had access to all my passwords/logons etc etc. Now that is encrypted, but on my PDA and Lap Top, both of which may be with me.

Makes you think....

Andrew DeFaria

Boiler wrote:

    >> Generally, I would think no. If the person burned the songs to a CD
    >> however, I guess he could be charged with smuggling! :) Seriously
    >> though... downloading per se is not illegal - at least not in Canada.
    >> At any rate, the RIAA and the CRIA do not usually go after
    >> downloaders, they go after those who offer up those files so that
    >> they can be downloaded by others.
    >> Ian
    > My web accout would only containg incoming messages since I last
    > downloaded, not a lot and certainly for ther one I use on boards,
    > mainly spam.

Hmmm.... Let me see. So far this week I received... 7730 emails and only
18 legitimate ones made it to my Inbox. Hmmm... I can give them those
7712 junk emails! That oughta keep 'em busy for a while! ;-)
--
Assassins do it from behind.

1Duckie

From the US Customs website:

Trademarked and Copyrighted Articles
CBP enforces laws relating to the protection of trademarks and copyrights. Articles that infringe a federally registered trademark or copyright or copyright protected by the Berne Convention for the Protection of Literary and Artistic Works are subject to detention and/or seizure. Infringing articles may consist of articles that use a protected right without the authorization of the trademark or copyright owner or articles that copy or simulate a protected right.

In regard to copyright infringement, articles that are determined by CBP to be clearly piratical of a protected copyright, i.e., unauthorized articles that are substantially similar to a material protected by a copyright, are subject to seizure. A personal use exemption for articles, similar to that described above also applies to copyrighted articles for the personal, non-commercial use of the importer and are not for sale or distribution.


You may bring back genuine trademarked and copyrighted articles (subject to duties). Products subject to copyright protection most commonly imported include software on CD-ROMs, sound recordings, toys, stuffed animals, clothing with cartoon characters, videotapes, DVDs, music CDs, and books. Products subject to trademark protection most commonly imported include handbags and accessories, and clothing.

MarsBar

Thats really interesting. Guess every Brit over the age of 18 who's had sex with someone whos 16 or 17 in England would have commited a crime under US Law considering that in the UK 16 is the legal age of consent and in the US it's 18! LOL Guess that goes for all those "underaged" European drinkers as well. Oops :P

Hey, really interesting thread guys. Ive enjoyed reading every bit of it.

Bob

age of consent is 14 in spain and a few other countries...but then weed is legal in holland...makes things a bit interesting doesn't it..

Hypertweeky

It is not 14. It is 18..

Bob

well it was one of those liberal european countries, probably holland then *lol*

Jonathan McNeil Wong

MarsBar wrote:
    >>(1) I believe immigration officers have the right to inspect your
    >> luggage and read any correspondence and other materials contained
    >> therein. So I expect they would argue that e-mail falls within the
    >> same category.
    >>(2) The US government reserves the right to exclude anyone who does
    >> not meet their criteria for gaining admittance. So if they
    >> consider something illegal, that's all that counts.
    >>Tough, but this seems to be the way it is...
    >
    >
    > Thats really interesting. Guess every Brit over the age of 18 who's had
    > sex with someone whos 16 or 17 in England would have commited a crime
    > under US Law considering that in the UK 16 is the legal age of consent
    > and in the US it's 18! LOL Guess that goes for all those "underaged"
    > European drinkers as well. Oops :P
    >
    > Hey, really interesting thread guys. Ive enjoyed reading every
    > bit of it.
    >

Actually, the so-called "age of consent" varies from state to state.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Hypertweeky

must be!

MarsBar

my point as a simple one and Im sure you get it.