Man charged for not giving phone password | GTAMotorcycle.com

Man charged for not giving phone password

CruisnGrrl

CruisnGrrl

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http://www.cbc.ca/news/canada/nova-...giving-up-phone-password-at-airport-1.2982236

[h=1]Quebec resident Alain Philippon to fight charge for not giving up phone password at airport[/h]

Note, he lives in canada, and i suspect he is a citizen, he is not a visitor.

I would love to see the phone operating system manufacturer's create a filter mode where only select contacts, email accounts, call history and apps show up.
 
I saw this earlier and it definitely concerns me.

Occasionally I cross the border for work and my work laptop and work phone have ITAR and/or controlled goods documents on them. In the past I've been told that CBSA agents are not cleared to view any information on my phone or laptop. Both are password are protected, and I have been told that if requested I can boot up either device and show them the log in screen. I can show them that the device is functional but I am not to proceed any further. ITAR and CG regulations prohibit me from sharing the information on my phone or laptop with people who do not have proper clearance.

I would not permit CBSA agents to view the contents of my phone/laptop.
 
CruisnGrrl said:
I would love to see the phone operating system manufacturer's create a filter mode where only select contacts, email accounts, call history and apps show up.
Click to expand...

That would defeat the point of government snooping... Bottom line, this case will be a test of Section 13 on Section 1 grounds. It will also define the term "obstructing" - mainly, whether refusing to actively assist in government surveillance of yourself constitutes "obstruction." This having happened at the border muddies the water a bit. Until the case gets resolved, I recommend travelling with forensically clean electronic devices and just making sure you vpn any pics/vids over to a secure location before wiping the device.
 
FiReSTaRT said:
That would defeat the point of government snooping... Bottom line, this case will be a test of Section 13 on Section 1 grounds. It will also define the term "obstructing" - mainly, whether refusing to actively assist in government surveillance of yourself constitutes "obstruction." This having happened at the border muddies the water a bit. Until the case gets resolved, I recommend travelling with forensically clean electronic devices and just making sure you vpn any pics/vids over to a secure location before wiping the device.
Click to expand...

my view is if it's on the internet it's not secure, vpn or encryption means nothing as it can be broken with enough time/resources.
 
CruisnGrrl said:
my view is if it's on the internet it's not secure, vpn or encryption means nothing as it can be broken with enough time/resources.
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More secure than a device you can be forced to give them access to.
 
I guess im gonna create a guest access on my phone that has nothing.
 
LePhillou said:
I guess im gonna create a guest access on my phone that has nothing.
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They're not dumb, they'll know. You better make it a convincing second account.

I'm glad this guy refused and it's going to court.. this is a subject I've been thinking about lately. It needs to be WELL defined. Ultimately if the ruling is favourable to the CBSA, the best course of action is not to keep anything on your phone. Remove your IMAP mail accounts before crossing the border, and make sure anything you don't want seen isn't physically on the device itself. And if you're extra paranoid, factory reset the phone after crossing. I don't trust anyone with my electronics devices.
 
LePhillou said:
I guess im gonna create a guest access on my phone that has nothing.
Click to expand...


They would just ask to see both accounts... the accounts would have to not be displayed as options at the lock screen it would have to open the account solely based on unique password. you would also want to occasionally use that guest account so it looked active.
 
Haven't you watch 'Border Security' on TV? This happens all the time, the Canada Border Services Agency (CBSA) agents stop a traveller, and before you know it, they are going through their cell phone or tablet or computer... the Customs Act authorizes officers to examine "all goods and conveyances including electronic devices, such as cellphones and laptops"...
 
MarcosSantiago said:
the Customs Act authorizes officers to examine "all goods and conveyances including electronic devices, such as cellphones and laptops"...
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What is going to be in dispute is the difference between "examining" (which has always meant a physical examination) and "assisting the officers into logging into your devices" (which could result in access to networked resources in the cloud via your smartphone).

If you took it down the slippery slope, where does it stop? First a password to unlock the phone, then fire up a banking app - "We'll need that password too". Corporate VPN on your laptop? "Hand over the password please"...

There's no way this will get held up in court.
 
MarcosSantiago said:
Haven't you watch 'Border Security' on TV? This happens all the time, the Canada Border Services Agency (CBSA) agents stop a traveller, and before you know it, they are going through their cell phone or tablet or computer... the Customs Act authorizes officers to examine "all goods and conveyances including electronic devices, such as cellphones and laptops"...
Click to expand...

This is what I was thinking. Its reality TV, it must be 100% accurate :D
 
Lightcycle said:
What is going to be in dispute is the difference between "examining" (which has always meant a physical examination) and "assisting the officers into logging into your devices" (which could result in access to networked resources in the cloud via your smartphone).

If you took it down the slippery slope, where does it stop? First a password to unlock the phone, then fire up a banking app - "We'll need that password too". Corporate VPN on your laptop? "Hand over the password please"...

There's no way this will get held up in court.
Click to expand...

That's how I feel about it too. There's a big difference between a physical examination, (I'll even show that its functional) and rummaging through the contents of your electronic devices.


Sent from my iPhone using Tapatalk
 
Lightcycle said:
What is going to be in dispute is the difference between "examining" (which has always meant a physical examination) and "assisting the officers into logging into your devices" (which could result in access to networked resources in the cloud via your smartphone).

If you took it down the slippery slope, where does it stop? First a password to unlock the phone, then fire up a banking app - "We'll need that password too". Corporate VPN on your laptop? "Hand over the password please"...

There's no way this will get held up in court.
Click to expand...

You are right, that is going to be the issue in front of the judge. But I am afraid that the judge will side up with the CBSA... for our own "protection" since there are so many bad guys out there....
 
As a separate but not entirely unrelated aside, I have had my laptop searched by border agents before.

It was on the US side and I was applying for a work visa. The didn't ask me for the password, I had to login and hand over the laptop to them.

Although it bugged me a little, it was understandable. I was not a US citizen, had no rights and I was applying to get into their country to potentially displace one of their citizens out of a job.

However, this case above is of a Canadian citizen. This is what bothers me.

These days, if I'm flying anywhere (unless the States are my final destination), I avoid flights that route through the US for a stopover. Even if you're not staying in the US, they can still invoke these powers to search all your belongings, electronic and otherwise, when you step off the flight into the terminal. Non-Canadians also get fingerprinted and their picture taken on US stopovers as well. That is unconscionable, IMO.
 
Snobike Mike said:
You pretty much have zero rights at the border so if you're carrying anything expect that it could be searched, seized, etc.
Click to expand...

Again, it's not a question of rights, it's how far you are expected to assist them in violating your privacy.

There's a difference between asking a traveler to bend over when you're about to search them and asking them to reach into their anal cavity themselves to pull out any heroin-filled condoms that might or might not be lurking around up in there.
 
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