Live data from Hacker News

Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

cbc.ca

401–410 of 483 posts

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#401
post #367

Earlier quoted context omitted.

Could you elaborate on that thought? Individuals also have the authority to assert their rights, one of which in Canada is the freedom from unreasonable search and seizure[0]. R v Fearon[1] places limitations on this exact type of search one could easily argue aren't met given the descriptions of these searches I've read. [0] https://en.wikipedia.org/wiki/Section_8_of_the_Canadian_Char... [1] https://en.wikipedia.org…

You don't have any rights at the border. The moment they decide to search you they will ask for your passwords. If you don't give it, they'll detain you until you do.

> You don't have any rights at the border.

This is, to the best of my knowledge, factually untrue.

> Canadian courts have generally recognized that people have reduced expectations of

> privacy at border points. In this context, privacy and other Charter rights continue to apply

> but are limited by state imperatives of national sovereignty, immigration control, taxation

> and public safety and security. The Canadian courts have not yet ruled on whether a

> border officer can compel a person to turn over their password and on what grounds, so

> that their electronic device may be searched at a border crossing.

https://www.priv.gc.ca/en/privacy-topics/public-safety-and-l...

It goes on to specify that while the law is unclear, an unpublished Canada Border Services Agency policy states searches "should not be conducted as a matter of routine; such searches may be conducted only if there are grounds or indications that “evidence of contraventions may be found on the digital device or media.”" [nested quotes sic from page, presumably from this unpublished policy]

IANAL (nor Canadian) but the Canadian Charter of Rights and Freedoms and the Customs Act, and probably many more documents and judicial rulings, define the rights available to anyone crossing the Canadian border. CBSA policy may not be legal, and only by exercising their rights and refusing to cooperate with illegal orders will citizens be able to affect change.

Many brave people in the past have risked detainment, property seizure, and worse in order to protect the civil rights of millions of others. Apparently, in regard to safeguarding personal data privacy, this is again necessary.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#402
post #356

Earlier quoted context omitted.

This action can be flagged as suspicious as well, triggering a deeper investigation into the traveler. It's not always feasible, but the most secure way to protect clients'/employers' data is to encrypt the laptop and phone and ship to your destination via standard shipping services, then ship them back the same way before leaving for home. Carry a well used but non-critical burner laptop ($50 Chromebook off Craigsli…

>This action can be flagged as suspicious as well, triggering a deeper investigation into the traveler. Whenever I travel internationally on business and need a laptop, I'm required by company policy to bring a laptop freshly wiped by IT instead of my normal laptop.

That's sensible. So is this becoming the norm?

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#403

Earlier quoted context omitted.

What is wrong with sex tourism?

In most parts of the world, sex workers don't exactly have strong human rights protections. In a poor country, it's generally worse. A relatively wealthy, privileged person going someplace poor for sex is probably doing it because it facilitates doing rather nasty things in a way that is comfortable for them. They don't need to be ugly about it. Someone else will be ugly about it on their behalf while making them fee…

Are you saying that single men who travel to Thailand specifically to have easy access to prostitutes are often in it for the child sex and degrading sex acts? Isn't that like saying people that go to mosques are often terrorists? Sorry if I'm misinterpreting your comment, but as worded it sounds like you believe the majority of sex tourists are pedophiles. In my experience, having spent several years in Thailand, most of them are there to have lots of consensual sex with adult sex workers because there is no legal prostitution where they live. The notion that more than a fraction of a percent of them are kiddy fiddlers is pretty out there. I also disagree with your claim that the term sex tourism is used as a euphemism for sexual exploitation. I've never heard it used that way, at least. A sex tourist is someone who travels to a location for the express purpose of having sex with prostitutes.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#404

Earlier quoted context omitted.

Why not reemove the drive and replace it with something basic with a plain os installed? It's quite simple even with MacBooks.

Recent Macbook Pro's (I think all of the touchbar models) have the SSD soldered to the motherboard, so it's not simple to remove the hard drive.

Good reason not to buy then :)

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#406

Earlier quoted context omitted.

This might partially answer your question... I had my laptop searched at the border once. It was my work laptop. They told me the same thing, if I didn't share the password they would confiscate my computer. It felt wrong that they should be able to search my computer, but I also felt bullied because I was going to need my computer the next day if I wanted to work and I think most people, including my boss at the tim…

Did they look for any other file extensions or was that literally it?

That was literally it. I was standing there. They only searched for images. Again, this was about 10 years ago though. From what I understand, they now pull everything for future analysis.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#407
post #281

Earlier quoted context omitted.

I gather it could be indefinite detention. Say 5 hour detention then they ask again. Then detention again. Repeat. I think a couple days is good enough because people will miss holidays, work, plans etc. That's Western nations "torture" equivalent of a wrench

> . Say 5 hour detention then they ask again. Then detention again. Repeat. Ok, and does this happen in real life? The answer is no. It does not. In almost any western country in the world, the low paid border security guards are not detaining people in mass for days on end. This stuff just isn't really happening to any large degree.

You can go to jail for years in the UK for refusing to disclose a password to law enforcement.[0]

[0] https://nakedsecurity.sophos.com/2018/09/04/how-refusing-to-...

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#408

Earlier quoted context omitted.

This might partially answer your question... I had my laptop searched at the border once. It was my work laptop. They told me the same thing, if I didn't share the password they would confiscate my computer. It felt wrong that they should be able to search my computer, but I also felt bullied because I was going to need my computer the next day if I wanted to work and I think most people, including my boss at the tim…

>it was a pretty innocuous search You and I disagree wholeheartedly there, that's an extremely invasive search.

As far as searching my work laptop, it was not harmful or offensive to me. It was strictly used for work purposes and there was truly nothing on the computer that they could do any harm with (to me or the company).

That said, under nearly any other context, I agree that it would be harmful and offensive.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#409
post #318

Earlier quoted context omitted.

This might partially answer your question... I had my laptop searched at the border once. It was my work laptop. They told me the same thing, if I didn't share the password they would confiscate my computer. It felt wrong that they should be able to search my computer, but I also felt bullied because I was going to need my computer the next day if I wanted to work and I think most people, including my boss at the tim…

Why do you think they did this kind of invasive search? It's very weird to me that border patrol would randomly search all the images on someone's computer. This doesn't even seem like an efficient way to catch criminals. Power trip?

No joke, I was sent to secondary search because I was holding a piece of cake in a go box from my lunch that I hadn't eaten and I didn't declare the piece of cake (technically, they are correct, I should have declared the slice of cake). Once you go to secondary search, they search all your stuff, including your computer. They didn't search the cake for some reason though.

Re: Canada Border Services seizes lawyer's phone, laptop for not sharing passwords

#410

Earlier quoted context omitted.

Puritanism reloaded

Not in my case. I'm for the decriminalization of sex work, among other things. I'm just against raping children and generally mistreating poor people because you think you can get away with it. Keep it among genuinely consenting adults, and I don't care how many, what genders are involved, how you folks agree to get your freak on and yadda. Just one easily findable prior comment by me: https://news.ycombinator.com/it…

[deleted]
Post reply on HN