I can't say I've heard of any examples. I'm not a lawyer, and I don't
have any direct links for what I write here - I heard about it when the
various laws were passed by Bush, which was a while ago. However...
If a non-citizen in the USA is suspected of terrorism, he can be
detained without charge indefinitely. The authorities (police, FBI,
DHS, etc.) do not have to inform anyone - that includes the person's
family and his country's embassy in the USA. He can be interrogated
using techniques that most people would consider torture (though some of
the most obvious torture methods, such as water boarding, are no longer
permitted.) He has no rights to a lawyer or to know what charges, if
any, and levelled against him. He can be detained indefinitely (at
Gitmo or anywhere else) without any charge, or he can be tried in a
closed military court with no civil lawyers involved. This court has
the power to hand down the death sentence - and they don't need to
inform the person's family until it's time to collect the body.
I have never heard of this happening, and I don't believe it could have
happened without the news leaking out.
But the law allows this total disregard of human rights, as long as
someone can be accused of "terrorism" in some way - with "terrorism"
being a very broad and vague term.
I have no doubt that if you arrive off a plane in the USA, and an
airport official suspects that the encrypted partition on your PC holds
something terrorist-related (and remember it's /their/ definition that
counts, not reality), then you will suffer a lot more than just being
sent home on the next flight. You won't disappear into some black hole
(unless you come from an "evil" country, of course), but you will not be
having a pleasant stay.
Of course, a more realistic scenario is that if the border guards see
you have an encrypted partition, they will confiscate your laptop and
demand your access keys. Legally (in the USA), it's like asking you to
unlock your suitcase for a search. They will take the device away to
search of evidence of the one crime that is worse than "terrorism" -
"piracy".
Well, I think that may be the law, but is rather unlikely to happen,
at least to anymbody from a country that would genuinely care.
Also, while thay want you to belive you have to hand over the
encryption keys, the current state of affairs seems to be that
they tried that (including putting the suspect in jail), but
it ultimately failed as some high cpur rouled that telling
them the keys was self-incrimination.
The case I remember where they tried to force the keys out
of someboy involved a case of double-stupiditu: The person in
question was crossing the broder while having child-pornography
displayed on his laptop display and the customs officer saf that.
They then confiscated the laptop, but forgot that laptop batteries
has a limited charge and, sicne the drive was encrypted, could
not get in anymore. Then they tried to force the keys out of
the person (who has by now activated his last remaining
brain-cell and got a lawyer) with a number of nice threats,
that were derviced from the Bush laws you quote. AFAIK the person
was originally also ordered by a court to hand over the keys,
but that got reversed on appeal.
Side note: Laws, like in the UK, that allows them to demand
the keys or else imprison you, are completely stupid. What
if I do not have the key or genuinely forgot (after being
roughened up, for example)? There is no way to prove you
do _not_ know something and in all modern legal systems
innocent until proven guilty is a very fundamental principle,
that protects, among other things, against a police-state.
Back to border-crossing: There are people that have had their
laptops confiscated and not returned for months (or ever) and
denying you entry can mean that you spend a week or more in a
cell at immigration while they organize your deportation.
It can also mean that you will be forbidden to ever enter the
US again.
The last one is the real kicker. So again, best not carry
anything encrypted when crossing the US border and make
sure that is obvious.
Arno