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Mr Alan
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Quote: from SidWenes on 4:23 pm on Aug. 2, 2008
We agree Schirra is not really relevant to inbound customs searches.
I don't want to beat a dead horse, but we don't agree. It is the same law that applies to inbound or outbound. In the case of Shirra, they already had evidence of where and why he was going (based on internet posts). In the case of inbound searches, they are looking for evidence after the fact, such as possession of child pornography.
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Thai Girls : Meet Sexy Thai Girls
Posted on: 3:15 pm on Aug. 2, 2008
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Wanderingsam
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I seriously doubt that Homeland security or TSA gives a damn about porn on your computer as long as there is no copyright infringement or kiddy stuff. Copyright infringement is probably not a concern on porn but the kiddy stuff will put you in jail as it should. These guys are trained to call local law enforcement over to handle that stuff. They don't arrest you for it, they report it. I don't believe it is a crime to have pictures of yourself or other adults in the nude or in sexual situations as long as everyone is of age and consenting. I would think the biggest issues are kiddy stuff and rip off movies. Again, this is not what these guys are looking for. I asked a TSA guy I know about this.
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Bangkok Women : Meet Sensual Bangkok Women
Posted on: 6:23 pm on Aug. 2, 2008
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Mr Alan
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I certainly never suggested that TSA (Transportation Security Administration) cares about porn. But other federal law enforcement agencies (FBI) do care since it is a violation of US law to travel abroad to sexually abuse children. If a person is returning from abroad with child pornography, that could be used as evidence that the person traveled abroad to abuse them. It is the responsbility of US Customs (which merged with Border Protection Agency in 2003) to screen returning residents to see if they are in violation of these laws.
The TSA is charged with the safety of the transportation system, for both domestic and foreign travel. Customs is repsonsible for searching (if they so desire) the items that anyone brings in from abroad returning to the USA. You could get searched twice, once by TSA for security, and once by Customs for violation of customs laws and violation of Title 18. Typically you are searched by TSA upon departure (if boarding an airplane), and by Customs upon arrival from a foreign destination.
Based on a quick internet search, the law appears to be Title 18 of the US Code, Section 2423. Here is the text:
18 USC Sec. 2423
(a) Transportation With Intent To Engage in Criminal Sexual Activity. - A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years.
(b) Travel With Intent To Engage in Illicit Sexual Conduct. - A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
(c) Engaging in Illicit Sexual Conduct in Foreign Places. - Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
(d) Ancillary Offenses. - Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.
(e) Attempt and Conspiracy. - Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.
(f) Definitions. - As used in this section, the term "illicit sexual conduct" means (1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591) with a person under 18 years of age. (g) Defense. - In a prosecution under this section based on illicit sexual conduct as defined in subsection (f) (2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.
Also check out this link for the laws regarding seizure of property used for the depiction of child pornography or other abuse of children:
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/110/sections/section_2254.html
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Thai Girls : Meet Sexy Thai Girls
Posted on: 6:53 pm on Aug. 2, 2008
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TJ
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Lots of people are arguing over what the customs agent is looking for and whether or not current laws (honestly applied) would punish you for having pornography.
Someone also pointed out that they don't have time to look at every laptop, look at every image.
However, customs can and do, currently:
1. Seize electronic devices that are considered suspicious, holding them until such time as they satisfy their suspicions. (Note that they may not readily spend the time to try and satisfy their suspicions, and so the device may simply languish in a storage facility)
2. Image the suspicious device for later analysis. And, there is presently no time period after which they are legally required to destroy the image.
This Washington Post article talks about a UK citizen who had her laptop seized for more than a year, as yet un-returned.
This article reminds us that, as an alternative to holding the physical device, they can copy the entire contents of said device for outside analysis. It contains a link to the official Customs Policy (PDF) .
That policy says the following things:
1. There is no limit on how long they can hold the data (15 days + unlimited 7 day increments)
2. They can pass that around to any agency they consider relevant to the ongoing investigation.
The phrase "fishing expedition" comes to mind. If you're a suspicious person, and the customs agent would like to find something, how long do you think they'll have to look before they can find something to hang you with? Remember, they can hold on to your laptop as long as they deem necessary. They can pass your data around to whomever they feel necessary, for as long as necessary.
Just how "unsavory" do you think the average sex tourist appears to the christian fundamentalist with a chip on his shoulder? To the fat, angry woman pissed off that you're flying to another country and enjoying yourself with young lovelies? Maybe it's just someone having a bad day, looking to take their stress out on someone by exercising their authority.
It's their perception, not facts, that matters. They decide if your data needs to be retained.
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Bangkok Girls : Meet Sexy Bangkok Girls
Posted on: 7:04 pm on Aug. 2, 2008
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Mr Alan
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Quote: from TJ on 10:38 pm on Aug. 2, 2008
Lots of people are arguing over what the customs agent is looking for and whether or not current laws (honestly applied) would punish you for having pornography.
I don't believe it is illegal to have pornography, or to pass thru Customs with pornography. However, any pornography must by law contain a certification that all persons depicted are 18 years or older, and must state where the records are kept to prove that (as anyone knows who has viewed the first part of a porno flick legally distributed in the US).
If you have picutres or video on your camera, computer, etc, that contains any nudity or depiction of sexual activity, then technically you need the same certification. As we all know, many women in Southeast Asia often look 5 to 10 years younger than they actually are, so this can be a very sticky situation if you are caught with such material.
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Thai Women : Meet Matured Thai Women
Posted on: 7:18 pm on Aug. 2, 2008
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Mr Alan
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Quote: from TJ on 10:38 pm on Aug. 2, 2008
Just how "unsavory" do you think the average sex tourist appears to the christian fundamentalist with a chip on his shoulder? To the fat, angry woman pissed off that you're flying to another country and enjoying yourself with young lovelies?
Actually, the impetus for the crackdown in recent years comes from left-wing (sometimes atheistic) women's rights advocates. They have been fairly successful in convincing the public that prostitution in SE Asia is usually child prostitution or forced slavery.
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Bangkok Women : Meet Beautiful Thai Girls
Posted on: 7:30 pm on Aug. 2, 2008
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don5252
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One other note on LAX, there's a good number of 'dyke' types working the first counter you come to after arrival, when they see LOS in your paasport, your going to the secondary inspection guaranteed, I get the feeling they would just assume castrate you first if they could
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 11:51 pm on Aug. 2, 2008
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DaffyDuck
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Quote: from don5252 on 2:25 pm on Aug. 3, 2008
One other note on LAX, there's a good number of 'dyke' types working the first counter you come to after arrival, when they see LOS in your paasport, your going to the secondary inspection guaranteed, I get the feeling they would just assume castrate you first if they could
Yep, they are there - ended up with one, fat, stuck up one, upon my return 4-5 trips ago. I ended up being in LOS around 28 days (I had an eye infection), and upon my return was virtually grilled by her.
Upon telling her that I was gone 28 days, I knew exactly where this was going, when she responded with "How do you know that so exactly?". At that point, I knew I was going to get searched, so I didn't give a rat's ass about what happened next (plus, I was tired, and it was a long flight)
DD: "Maybe because, apparently unlike you, I know math?"
Fatty: "That's certainly a very long vacation"
DD: "If you can't take one, I guess so"
(at that point, the male trainer behind her started to smile - I guess he's had it with her attitude as well).
Fatty: "So, what is there to do in Thailand for that long, hmmm...?"
DD: "Mostly, banging thin girls in their twenties, that don't have an ass and gut hanging down to the floor... you know, the usual... anything else you care to ask? Oh, and be sure to check me off for inspection -- right?"
She handed me my documents back, the guy behind her was cracking up, and she shut up.
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Thai Girls : Meet Active Thai Girls
Posted on: 6:54 am on Aug. 3, 2008
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don5252
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I don't want to sink this topic into the gutter, but doesn't 'pornography' depict 'penatration'
So if your pictures are not 'pornographic' and your TG model appears to be over 18, no harm, no foul?
DD, it shows how f.cked up this system is, if you tell them the correct amount of time you're out the country there're suspicious, but if you get that answer wrong the bells & whistles go off
Something that might be helpful, don't act anxious or pace around impatiently waiting for luggage at carousel, your being observed by the cameras in the ceiling
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Thai Women : Meet Matured Thai Women
Posted on: 8:05 am on Aug. 3, 2008
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Mr Alan
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Quote: from don5252 on 11:40 am on Aug. 3, 2008
I don't want to sink this topic into the gutter, but doesn't 'pornography' depict 'penatration'
So if your pictures are 'pornographic' and your TG model appears to be over 18, no harm, no foul?
Maybe, but if a child is involved, then even nudity is cconsidered sexual child abuse. In the US it is up to you to prove that the person depicted is an adult (18 or over).
The other point is that even if the depicted minors are clothed, they may be able to use the photos or videos as evidence that you had sex with them off-camera. So it is up to you to prove they were at least 18 years old. This might be especially true if admitted that you bar-fined them.
In any event, if they find an images of someone who may be less than 18 in hotel room, they may be very susupicious.
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 8:29 am on Aug. 3, 2008
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