Earlier quoted context omitted.
Canada is in America, I knew that this would come, could not resist the bait ;-) Arguably the last part applies less to Canada.
Is Canada fighting for Democracy elsewhere ?
Canadian Charged for Not Unlocking Smartphone at Canadian Border
121–130 of 224 posts
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#122Earlier quoted context omitted.
You could, but if you watch some episodes of "border security" you'll see that they catch people doing illegal stuff all the time by searching their phones. Usually it's illegally working (which obviously wouldn't apply in this case). However they also are looking for child porn, which may be been why they wanted to search this guy's phone.
That's a bullshit excuse border guards give to search electronic storage.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#123Earlier quoted context omitted.
Is Canada fighting for Democracy elsewhere ?
Canada skipped out on the 2003 Iraq war and subsequent occupation, but it was part of the Afghan mission all along, in the NATO mission in Libya, and many others. Now my take on these is that they are fights for the neoliberal order, not democracy, but I thought I'd answer in the spirit of the question.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#124If you're treating the phone as a 'good' as indicated in the quotes on this story, you can inspect my phone as a good. You can look at the phone. You can xray it. You can open up the back cover to ensure it's a real battery inside and not something more sinister. All that would be fine and fall within what the law was intended for.
What the government is actually asking you to do is unlock your digital key to your entire digital identity for them to do with as they wish. Your phone has direct access to all your email accounts, all your personal and work files within the cloud (Dropbox, Box, iCloud, Google Drive, etc), your entire address book, your chat history, all your personal photos, your private PGP you use to sign communications to prove they came from you, etc, etc.
Asking to inspect your phone is fine. Asking to have complete access to your entire digital life, history, and identity is not. If I'm asked for the former, go ahead and inspect it, I put it through the scanner on every flight. If I'm asked for the latter, the answer will be no.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#125Earlier quoted context omitted.
Canada is in America, I knew that this would come, could not resist the bait ;-) Arguably the last part applies less to Canada.
What part of the world are you from? Here in Canada, if you were to say "Canada is in America", it would sound as strange as saying "Spain is in France". To Canadians, America only ever refers to The United States of America.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#126Earlier quoted context omitted.
American case law doesn't really hold for Canada.
And in any case, at borders there is not the same level of protection as within the country: http://en.wikipedia.org/wiki/Border_search_exception "This doctrine is not actually an exception to the Fourth Amendment, but rather to the Amendment's requirement for a warrant or probable cause. Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation…
Begging the question, wouldn't you say? The only reason there is less expectation of privacy at the border is because of government policies, like this one, whose constitutionality is open to question.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#127Earlier quoted context omitted.
I can only assume you don't know what the NSA has been up to?
I don't doubt some people in the government have the capability to read people's text messages, but what you're suggesting is way past that. In the scenario you seem to be proposing, some random border agents are not only privy to top-secret NSA projects, but also have access to the data collected by said top-secret projects, and not only that, but they know everybody who's going to drive across the border on a given…
They don't even need to know that it's a tip-off: a computer could just spit out "selected for random phone search" and maybe "suspected immigration fraud" when that person reaches border control. The border agent needn't know how or why the selection was made, nor have access to any top-secret data. Just follow instructions.
With automated screening using access to a database of everybody's communications, I'm sure you could easily predict more than 80% of the people who cross country borders within 24-hours. For flights, that would be close to 100% accurate. With satnav, you'd probably catch a good portion of the rest who drive across.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#128Earlier quoted context omitted.
That's a bullshit excuse border guards give to search electronic storage.
Why is it a "bullshit excuse" if they do actually manage to catch many people by searching phones?
I'm serious. Any time you hear those terms and the discussion is not about speed limits in a school zone, red flags should be going up in your mind.
It's not about how many people they catch - even if they had a 100% success rate at nabbing every abuser that crossed the border, it's about civil liberties.
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#129Earlier quoted context omitted.
American case law doesn't really hold for Canada.
And in any case, at borders there is not the same level of protection as within the country: http://en.wikipedia.org/wiki/Border_search_exception "This doctrine is not actually an exception to the Fourth Amendment, but rather to the Amendment's requirement for a warrant or probable cause. Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation…
Yes I would!
Re: Canadian Charged for Not Unlocking Smartphone at Canadian Border
#130Earlier quoted context omitted.
If you had bothered to read the article you would know this was Canadian Border Patrol.
I was indeed referring to both Canada (because of this article) and the US (because of previously read articles) and therefore used your continents name in anticipation of comments like this.