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Quebecker Faces Jail For Not Giving Up Phone Password To Canadian Officials
wired_parrot writes Canadian customs officials have charged a 38-year old man with obstruction of justice after he refused to give up his Blackberry phone password [on arrival in Canada by plane from the Dominican Republic]. As this is a question that has not yet been litigated in Canadian courts, it may establish a legal precedent for future cases. From the article: [Law professor Rob] Currie says the issue of whether a traveller must reveal a password to an electronic device at the border hasn't been tested by a court.
"This is a question that has not been litigated in Canada, whether they can actually demand you to hand over your password to allow them to unlock the device," he said. "One thing for them to inspect it, another thing for them to compel you to help them."
The practice of Israeli border-guards of demanding access to e-mail of some people wishing to cross into the country is rather disliked by /. and others.
But the worst, that a non-cooperation would result in there would be an interrogation and a flight back to whence you came from. To actually be arrested and prosecuted for a crime over such a refusal is new... Should we begin divesting from Canada's corporations?
In Soviet Washington the swamp drains you.
To me, the owner of any electronic device that is password protected should not disclose the password to the device unless the authority has a warrant out for that person.
Border guards demanded that she give them her password... They told her it was either not enter the country (and forfeit the deal) or give up her password. Her issue was that she was exposing privileged information to third parties who could, potentially, have illegally profited from the knowledge contained in that laptop.
At present, borders are dangerous legal limbo. This area needs deep oversight and clear paths for travellers to have recourse to constitutional rights.
*** Don't be dull.***
I don't know how it works in the US, but the Canadian government cannot refuse a Canadian citizen entry into the country. That's a very good thing.
If the only destination in Canada, that such a citizen is allowed to go to, is prison, I doubt, many would prefer that to the (hypothetical) alternative of flying back.
In Soviet Washington the swamp drains you.
... smart devices should have two (2) pass codes.
One of the pass codes allows the owner in.
The other pass code BRICKS the goddam phone. That's the one we give the authorities.
Then, it's like, "Hey you bastards, what did you do to my phone? You owe me a phone!!!"
Until probable cause has been established and a search warrant issued, evidence does not exist.
Right now, I can choose to brick my phone. Ir's mine. I am not compelled by any retention laws to maintain an archive for future requests to examine the phone.
The phone will have to be backed up on the cloud, of course, but authorities don't know that's been done; they don't know where it's been done, and they will have to slow things down in order to get a search warrant.
During that window of opportunity, I am at liberty to delete cloud-based stuff until such time I am formally made aware, by warrant, that my junk is evidence by way of probable cause.
It little behooves the best of us to comment on the rest of us.
You're right about about the cedilla, only half right about the acute accents. To the language police it's: Québecois.
With their language use laws the language police in Québec also include the QPP (Quebec Provincial Police).
Interesting factoid: Tim Hortons is Canada's most popular coffee/donut fast food restaurant. It doesn't have an apostrophe. In Québec, an apostrophe would make it English, which would make it illegal (or at least illegal if the name was displayed bigger than the French equivalent). On their signs, they use a maple leaf instead of an apostrophe. The eye sees the apostrophe instead. (I'd call it a trompe l'oeill, which would be àpropos if not entirely accurate)
We need a "+1 -- nice sig" moderation.
it doesn't appear that he was actually charged with any crime prior to be asked to divulge his phone password. It seems to me that there needs to be some sort of "probable cause" here and it doesn't appear that there is. There could be a very dangerous precedent set if police officers or boarder patrol or whomever are allowed to conduct an unlawful search for no apparent reason.Papers, comrade.
Border/customs agents have the au-thor-i-tah to cause massive grief for just about anyone, on nothing more than a whim, with no checks on their power (In the US, for example, the constitutional requirement of probable cause and protecting against unreasonable search and seizure and such don't apply to their kind.), or recourse for their victims. Given the nature of the position, I'd expect it to attract the sort of people who would revel in that abuse... ie. raging assholes... no matter what country they work for.
And all national stereotypes aside, I'm pretty sure that no country on this earth has a monopoly on, or shortage of, raging assholes.
Imagine all the people...
It's amazing to read articles like this and nobody on the government side is named, just agencies and some "spokesperson". Name them. Somebody arrested this guy, and somebody is trying to prosecute him. Everybody involved in this needs to be named and publicly shamed. They need to be in a situation where they go home at night and their wife says "hey, why is everybody we know calling and asking why you're prosecuting some guy for not turning over a password? Is that even illegal? Why is this so important?"
Quit letting scum bags hide behind anonymity.
Do you have ESP?