DHS uses email intercepts to question US citizen about her sex life

papersplease.org

10 points·foolrush··2 comments

First, CBP officers grossly exceeded their jurisdiction. Dr. Dr. Von Der Haar’s US citizenship was never questioned, she wasn’t trying to enter or or ship and goods in or out of the country, and she was never accused of any crime. In general, immigration (as distinct from customs) offenses are handled by Immigration and Customs Enforcement (ICE) and the Border Patrol, not CBP. We’re curious what basis CBP will claim for its officers’ authority to detain and interrogate Dr. Dr. Von Der Haar.

Completely wrong. CBP stands for 'Customs and Border Protection' and CBP is most definitely empowered to scrutinize arriving travelers for immigration eligibility, possible immigration violations, etc.: http://www.cbp.gov/xp/cgov/border_security/port_activities/o...

I'm not ensording their actions in this case but it's entiely possible that they drew their conclusions based on what the Greek vistor was having shipped to the US. If he, a recent arrival, appeared to be shipping personal property (eg furnuture or other residential-type stuff) then it's not surprising that they'd question his stated intentions of visiting the US for a short period. This sort of thing is common enough that questioning a US person about whether a romantic relationship existed is SOP and doesn't require any special access to email.

(1) The lawsuit challenges the detention and questioning of Dr. Von Der Haar, not that of her Greek visitor. Dr. Von Der Haar wasn't an "arriving traveler" or shipping or receiving anything.

(2) According to the complaint, the CBP officers had obtained email messages and read from them during their interrogation of Dr. Von Der Haar.

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