Canadian charged with obstruction for not giving his phone password to CBSA

[Swift]

http://www.cbc.ca/news/canada/nova-s...rder-1.2982236

Rob Currie is the director of the Law and Technology Institute at the Schulich School of Law. He says under the law, travellers crossing the Canadian border have a reduced expectation of privacy.
He says border officials have wide-ranging powers to search travellers and their belongings.
"Under the Customs Act, customs officers are allowed to inspect things that you have, that you're bringing into the country," he said. "The term used in the Act is 'goods', but that certainly extends to your cellphone, to your tablet, to your computer, pretty much anything you have."
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.

Seems like a slippery slope we're heading down here. Could you be charged with obstruction for not divulging, say, the password to your emails, or to your bank account?

[nfotiu]

I thought in these cases the border guards usually asked the person to enter the password, not for the password itself. I wonder if that really happened, as that seems rather violating to give a password. For a PC, that could give access to networks, etc. I work for an organization that has very sensitive data, and our policy is to enter the password if asked, but treat it as the device is compromised, and they will wipe it and restore it. We don't have a policy for giving them our password.

[temple5]

I wonder if there is more to this story? I have never been asked anything by CBSA even remotely close to this, how would they even know you have a cellphone with you? If it was the jacktardery at airport security then good on this guy.

You want to search my bag, fine. You want to force me to throw out a 1L Nalgene bottle cause I accidentally left about 50ml of water inside, fine. You want me to take off my belt when going through the USSR designed metal detectors because I might be carrying a handgun in my crotch, fine. I can handle a small amount of ######ry when going through airport security and customs. But I would under no circumstances unlock any electronic device for anyone - if they asked I would put the password wrong 10x to reset the device and lose whatever I had rather than have some high school graduate look through my items.

Ive about had it with airport security. I purposefully pack my laptop battery in my baggage and take the laptop in carry-on so I dont get asked to turn it on any more (I have gotten asked twice,

[Huntingwhale]

I always delete my texts, hide my picture folders and remove the email icons from my phone's home screen every time I travel. I have nothing to hide and have never been checked, but I don't want some stranger looking through my stuff.

[Bring_Back_Shantz]

Originally Posted by Cameron Swift

http://www.cbc.ca/news/canada/nova-s...rder-1.2982236



Seems like a slippery slope we're heading down here. Could you be charged with obstruction for not divulging, say, the password to your emails, or to your bank account?

Well I guess it'll have to be challenged in court (which it is going to be), but I think there's a pretty strong distinction between unlocking your phone or computer so they can inspect the data on that device, and letting them into your email or bank account (neither of which is data you are physically transporting into Canada).

As for the phone/computer itself, if you were to bring a bunch of paper documents across the border in a locked safe you would certainly be obliged to open the safe to show the CBSA. I don't see why a computer should be any different.

[Bring_Back_Shantz]

Originally Posted by temple5

I wonder if there is more to this story? I have never been asked anything by CBSA even remotely close to this, how would they even know you have a cellphone with you? If it was the jacktardery at airport security then good on this guy.

You want to search my bag, fine. You want to force me to throw out a 1L Nalgene bottle cause I accidentally left about 50ml of water inside, fine. You want me to take off my belt when going through the USSR designed metal detectors because I might be carrying a handgun in my crotch, fine. I can handle a small amount of ######ry when going through airport security and customs. But I would under no circumstances unlock any electronic device for anyone - if they asked I would put the password wrong 10x to reset the device and lose whatever I had rather than have some high school graduate look through my items.

Ive about had it with airport security. I purposefully pack my laptop battery in my baggage and take the laptop in carry-on so I dont get asked to turn it on any more (I have gotten asked twice,

You realize there is a big difference between Customs (CBSA) and Airport Security (CATSA) right?

[llwhiteoutll]

This issue is only whether or not you need to assist them in the search or not, the legality of them examining the contents of your phone or laptop is not in question. The CBSA has substantially more power than a regular police officer when it comes to standards of search and so far there has been no court case to restrict those powers.

Comparing this to being asked for a bank account password is not the correct comparison. And as for CATSA, people are no longer asked to turn on computers or devices.

[Yamer]

[CaramonLS]

Originally Posted by Bring_Back_Shantz

Well I guess it'll have to be challenged in court (which it is going to be), but I think there's a pretty strong distinction between unlocking your phone or computer so they can inspect the data on that device, and letting them into your email or bank account (neither of which is data you are physically transporting into Canada).

As for the phone/computer itself, if you were to bring a bunch of paper documents across the border in a locked safe you would certainly be obliged to open the safe to show the CBSA. I don't see why a computer should be any different.

Honest question, but do you just have to unlock a safe to show that they are physical documents or do you have to let them inspect the contents of the documents?

[Weitz]

I always thought anything you took across the border was subject to search and seizure?

Hell, I have been asked by American Border Agents to prove that I have enough money to return to Canada, so I had to show them how much money I had in my bank account.

[Hockeyguy15]

Well he was sent for a secondary search by CBSA, so he was likely either acting strange or the agent thought he wasn't being truthful.

I have no issues with a CBSA agent asking for someone to unlock their phone so they can inspect the messages/emails. Quite often people will have conversations about activities they shouldn't be doing. Clearly I watch Border Security too much.

[heep223]

I'm sure the guy was acting suspicious.

I wouldn't give two ####s if a border agent wanted to look through my phone, go for it. I'd rather they erred on the side of being cautious tbh.

[Hack&Lube]

From the Office of the Privacy Commissioner of Canada:

Customs Searches
Under Canada’s Customs Act, CBSA officers have widespread powers to stop and search individuals, their baggage and other possessions and devices at any Canadian port of entry, be this a land border crossing, air terminal or sea port. When such searches have been challenged in court, judges have typically recognized that people should have reduced expectations of privacy at border points. In this special context, privacy and other Charter rights are limited by factors such as sovereignty, immigration control, taxation and security.

What you should know:

CBSA officers are authorized to conduct searches of individuals entering Canada, including their baggage, parcels or devices such as laptops, BlackBerrys or cellphones. These searches may be conducted without a warrant.


---

It's not in dispute that this is the letter of the law. I don't agree with the law, but it was passed in this way and the only real way to change this would be through legislation or a charter rights challenge through the courts.

[burn_this_city]

Foreign nationals is one thing, but why are they going through the phones of Canadian citizens?

[Hack&Lube]

Originally Posted by burn_this_city

Foreign nationals is one thing, but why are they going through the phones of Canadian citizens?

Because the Customs Act says they can.

[White Out 403]

I hope he is successful. I'm sick of living in a world driven by fear of terrorism and surrendering rights and freedoms all over the place for a basically non existent problem. Canadians have a lot more to fear in the world than terrorism.

[Hockeyguy15]

Originally Posted by burn_this_city

Foreign nationals is one thing, but why are they going through the phones of Canadian citizens?

Because Canadian citizens can still be involved in illegal activity?

I would bet the CBSA agent suspected him of smuggling something into the country.

[speede5]

It's a power trip, I'll play along because I have to, but these guys have a tendency to power trip. Might as well get used to the erosion of privacy. Harper's gonna be around for a while and it will only get worse.

[calgarygeologist]

I personally don't like the search regulations but it is what it is.

Cameron asked an interesting question in the first post though. Regarding search and access to phones, tablets and computers do you only have to provide access (unlock) the device or do you have to provide access to all personal files and communications on that device? I wonder if there is an app that could basically lock access to all apps, messages and files while providing access to the device?

[Hockeyguy15]

Originally Posted by speede5

It's a power trip, I'll play along because I have to, but these guys have a tendency to power trip. Might as well get used to the erosion of privacy. Harper's gonna be around for a while and it will only get worse.

Do you frequently get sent for a secondary search by CBSA?

I can honestly say I have never had a second look at me or my customs declaration card. No grief, no bag searching, no phone searching.