Yay Canada!
Why isn't Rosie and those other leftists on this one?
Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
41–50 of 483 posts
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#42Many of the services which could be accessible from those devices are American services with data residing on American servers. I wonder if it is possible to use hacking laws as a means of dissuading border agents from looking at devices. A Canadian agent might have jurisdiction in Canada but what if the get charged under the CFAA in the USA for accessing a server they aren't legally allowed to access. Perhaps it wou…
CBSA officers are directed to disable any internet connection and only examine content that is already stored on a device
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#43Earlier quoted context omitted.
> What are they looking for, exactly? Probably anything incriminating. Human nature is laziness so if the guy was a baddie then there's a high chance something could be on the devices.
Most violators of the law are not "baddies", unless you believe most people are "baddies"
LEOs prerogative is to see how you are violating the law. Their view is to gather all data which could turn into evidence at a future point. This is that scenario and LEOs do perceive us all as 'baddies'.
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#44So what’s the Canadian governments real position on this?
Are individuals and companies allowed to store private and confidential data, or is all information seizable by the government without a warrant at the border?
They can pick one...
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#45He's suing to get them back and for compensation for having to "temporarily" replace them, but even if he wins he probably shouldn't trust either device in the future (possibly more so for the laptop).
Call me paranoid, but i'd be putting those devices into a heavy duty shredder if I got them back.
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#46I never really understood the reason for seizing an electronic device anyway. Surely if something was important / secret enough it wouldn't be _on_ the phone. What are they looking for, exactly?
Most criminals don’t actually have great OpSec. I’m sure there are tons of phones that have incriminating photographs in the default camera app, or incriminating text messages or saved voicemails or who knows what.
In reading crime stories from my area, this IS the case.
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#47(2012)
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#48>Wright refused, telling the officer both devices contained confidential information protected by solicitor-client privilege. >He said the officer then confiscated his phone and laptop, and told him the items would be sent to a government lab which would try to crack his passwords and search his files. Can this be used to get whatever case(es) he was defending thrown out because solicitor-client privilege was violate…
This and related edge cases are something that I've always wondered about e.g. where compliance would be illegal. There are a number of scenarios where one can have content on devices that it is expressly illegal to disclose to random border police. Even within a single country, there is a conflict of authority here.
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#49Earlier quoted context omitted.
Honestly, that's not something you can expect from regular non-power users. Full-disk encryption isn't enabled by default on most consumer laptops, and few regular users go out of their way to set it up.
Full disk encryption is the default on MacOS Mojave.
It's also enabled by default on Surface Book 2 (and possibly other Surface line devices). No idea how well Bitlocker (or Windows Hello for that matter) stand up to border control.
Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords
#50> Officers uncovered a customs-related offence during 38 per cent of those searches, said the agency. This is hard for me to comprehend. Does anyone have an idea of what 38% of the phones can have stored on them, that is illegal to have when crossing the border?
the phone doesn’t have illegal material, it has evidence of an offense. in case that isn’t clear.