Archives For Homeland Security

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The U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), Customs & Border Protection (CBP), Index, and National File Tracking System of Records, implemented new or modified uses of information maintained on individuals as they pass through the immigration process. The new requirements became effective as of 18 October 2017.

The new regulation updates the categories of individuals covered, to include: individuals acting as legal guardians or designated representatives in immigration proceedings involving an individual who is physically or developmentally disabled or severely mentally impaired (when authorized); Civil Surgeons who conduct and certify medical examinations for immigration benefits; law enforcement officers who certify a benefit requestor’s cooperation in the investigation or prosecution of a criminal activity; a­nd interpreters.

It also expands the categories of records to include: country of nationality; country of residence; the USCIS Online Account Number; social media handles, aliases, associated identifiable information, and search results; and EOIR and BIA proceedings information.
The new regulation also includes updated record source categories to include: publicly available information obtained from the internet; public records; public institutions; interviewees; commercial data providers; and information obtained and disclosed pursuant to information sharing agreements.

With this latest expansion of data allowed to be collected, it begs the question: How does one protect sensitive data housed on electronic devices? In addition to inspecting all persons, baggage, and merchandise at a port-of-entry, CBP does indeed have the authority to search electronic devices too. CBP’s stance is that consent is not required for such a search. This position is supported by the U.S. Supreme Court, which has determined that such border searches constitute reasonable searches; and therefore, do not run afoul of the Fourth Amendment.

Despite this broad license afforded CBP at the port-of-entry, CBP’s authority is checked somewhat in that such searches do not include information located solely in the cloud. Information subject to search must be physically stored on the device in order to be accessible at the port-of-entry. Additionally, examination of attorney-client privileged communications contained on electronic devices first requires CBP’s consultation with Associate/Assistant Chief Counsel of the U.S. Attorney’s Office.

So what may one do to prevent seizure of an electronic device or avoid disclosure of confidential data to CBP during a border search? The New York and Canadian Bar Associations have compiled the following recommendations:

  • Consider carrying a temporary or travel laptop cleansed of sensitive local documents and information. Access data through a VPN connection or cloud-based warehousing.
  • Consider carrying temporary mobile devices stripped of contacts and other confidential information. Have calls forwarded from your office number to the unpublished mobile number when traveling.
  • Back up data and shut down your electronic device well before reaching the inspection area to eliminate access to Random Access Memory.
  • Use an alternate account to hold sensitive information. Apply strong encryption and complex passwords.
  • Partition and encrypt the hard drive.
  • Protect the data port.
  • Clean your electronic device(s) following return.
  • Wipe smartphones remotely.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: article originally published by Mondaq.com, author: Cory, J (2017:11)

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Picture1The days of halting trains and unloading contents for inspection appear to be over at the Dutch Port of Rotterdam, where trained operators can now use high-power X-ray scanners to produce clear, unambiguous imagery of densely packed cargo in trains moving at speeds up to 60 kilometers per hour (35 MPH).

Simultaneously, another group of operators located several miles away in a secure inspection office collect, analyze and evaluate the X-ray images for a wide range of potential threats, dangerous materials and contraband.

Because it all happens so swiftly — particularly as the containers are never unloaded or diverted individually to cargo inspection facilities — the speed of throughput increases exponentially. To be precise, Dutch Customs at the Port of Rotterdam can now inspect nearly two hundred thousand rail containers per year, or a single 40-foot container in eight-tenths of a second.

This is the future, or as in the case of Rotterdam, the present model of an enhanced global supply chain — ultra-high-speed rail throughput combined with ultra-accurate threat detection. This combination of speed and efficiency is an innovation that allows not only railways to be more secure, but the global supply chain as a whole.

Rail has long been an overlooked component of the modern supply chain, even though it is arguably one of the most important. Because of the nature of rail — with thousands of miles of unguarded track, often connecting countries — it has previously been challenging to screen and secure without causing a disruption to the supply chain. And while ports and airports typically get the lion’s share of technology innovation, all components need to be equally considered and secured to prevent interference and have a smoothly run supply chain.

For a long time, cost-minded operators have tended to view the security of rail cargo scanning and the efficiency of throughput as essentially two competing interests.

When minor security gains trigger major productivity losses — and when even small throughput disruptions can grind supply chains to a halt — it’s easy to see why rail lines have been relatively (and intentionally) under-served by global security improvement efforts.

As a result, one of the more popular rail security/efficiency compromises has been to implement a procedure for “small sample” screenings, by which only a small portion of each rail car or trainload is scanned for threats, dangerous materials, and contraband — providing a modicum of security without disrupting the core efficiency of the supply chain.

However, as malicious activities have become more prevalent and more sophisticated, “small sample” rail screenings have become increasingly insufficient. The United States Department of Homeland Security even instituted a 100% cargo-screening mandate at ports (though that mandate has since been retracted).

Accordingly, the industry has been eagerly seeking newer technology-based answers — ways to scan a larger portion of rail cargo without degrading throughput efficiency. The Dutch Customs’ solution meets higher inspection goals without detrimentally affecting the international supply chain.

Countless other customs and border agencies, companies, and national organizations are pursuing their own answers to similar and related security/efficiency challenges. For instance, rail operators worldwide are now experimenting with higher-energy X-rays for penetrating more densely packed freight cars. (When throughput lags, companies will attempt to condense their shipments into fewer cars, which can pose an obstacle for traditional X-ray scanners.)

In addition to the security factor, revenue is another motivator for government agencies to embrace this new cargo scanning technology. Customs enforcement of a freight rail (for international cargo lines) is extremely important to a country as contraband goods can cost governments hundreds of thousands of dollars in tax dollars. And smuggled contraband can also help fund organized crime and domestic terrorists, making it all the more important that rail lines not be overlooked when it comes to integrating cutting edge security.

In fact, a single malicious attack, occurring anywhere in the world, can devastate the global supply chain in its entirety, driving up prices and imposing major delays on manufacturers worldwide. By not being required to choose between 1) preventing extraordinary threats, and 2) maximizing the efficient of ordinary processes, the evolving technology can truly accelerate rail cargo screening and secure it too. Source: Rapiscan (Contributed by Andy Brown)

A CBP vehicle patrols the border in Arizona in 2010. (Matt York/AP file photo)

A CBP vehicle patrols the border in Arizona in 2010. (Matt York/AP file photo)

Nearly 150 Customs and Border Protection officers were arrested or indicted for corruption over the last eight years, a new report has found. A majority of the officers were stationed along the Southwest border, the Government Accountability Office determined. An additional 2,170 were arrested for misconduct in the same time period. GAO cited CBP’s lack of review and oversight of its employees and monitoring processes as complicit in allowing corruption to fester within the agency. (Readers please bear in mind that CBP has over 50,000 members)

Incidents of corruption included fraud, harboring aliens, selling immigration documents and allowing loads of narcotics through a port or checkpoint. Of the 144 corruption incidents, 103 — more than 70 percent — were considered “mission-compromising.” CBP even reported some instances of “infiltrators” seeking and gaining employment at the agency for the sole purpose of engaging in mission-compromising activity. For example, an officer stationed in El Paso, Texas, was arrested in 2007 for conspiring to import 5,000 pounds of marijuana each month into the United States. Less than 1 percent of arrests for misconduct, however, were related to CBP’s mission.

GAO recommended CBP — part of the Homeland Security Department — better track which pre-employment screens assist in identifying unacceptable job applicants. CBP currently conducts background investigations and polygraph examinations for potential hires, but does not monitor which tactics are the most effective. GAO also suggested CBP assess the feasibility of expanding the polygraph program to include occasional tests for current employees. Additionally, the auditors said the agency should improve the quality assurance of its screenings and set a timetable to complete a comprehensive employee-integrity strategy. CBP concurred with all of GAO’s recommendations, saying while an overwhelming majority of its employees are honest and hardworking, there is little room for error. “Any act of employee corruption interferes with the agency’s mission to secure the nation’s borders against all threats and facilitate legitimate travel and trade,” Jim Crumpacker, DHS’ chief liaison to GAO, wrote in a letter to the auditors. Source: www.govexec.com

Publication of the latest USCBP Border Patrol Strategic Plan reflects and builds on the transformation of the United States’ relationships with Mexico and Canada, particularly in the areas of border management and security. The joint Declaration of Principles for the 21st-century border represents an enhanced and strengthened commitment to fundamentally restructure the way we manage our shared border. The depth and breadth of cooperation that occurs now between the United States and Mexico was unthinkable even a few years ago. Similarly, the Beyond the Border declaration between Canada and the United States has an equally significant potential in what is already our historically extraordinary relationship with Canada. These developments have created unprecedented opportunities with both Mexico and Canada, in which DHS and CBP will play a defining role, to improve our security and economic competitiveness – and CBP will play a defining role in taking advantage of those opportunities. The Border Patrol in turn is key to advancing CBP’s security agendas with Mexico and Canada, working with its law enforcement counterparts in each country to identify and mitigate threats.

The U.S. Border Patrol is a premier law enforcement organization, recognized around the world for expertise, capabilities, and professionalism. CBP’s officers and agents are the frontline, the guardians of the Nation’s borders. We honor and are proud of them, and we thank them for everything that they do to protect America and the American people. Source: CBP.gov

So there you have it – for a real dose of commercialized Customs and what it can do for the good folks in America, and anywhere else in the world for that matter, check out the strategic plan by clicking here! You’ll be forgiven if you thought you were reading an edition of Jane’s Defense & Security Intelligence & Analysis. Most customs and border management agencies around the world can only dream about such impressive kit! 

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