Alain Philippon, 38, resident of Ste-Anne-des-Plaines, Quebec, when arrived at Halifax Stanfield International Airport in Canada last week from Dominican Republic, refused to reveal his BlackBerry Smartphone password to Canada Border Services Agency during a customs search and was arrested under section 153.1 (b) of the Customs Act for “hindering or preventing border officers from performing their duties”. The maximum fine for the offence is $25,000 with the possibility of a year in jail. Currently Alain is on bail and his phone has been seized by the agency. Alain, who refused to unlock his Smartphone because it contained “personal” data, vows to fight the charges in May.
A spokeswoman for the Canadian Border Services Agency said, “The Customs Act (s99) authorizes officers to examine all goods and conveyances including electronic devices, such as cell phones and laptops. Officers are trained in examination, investigative and questioning techniques. To divulge our approach may render our techniques ineffective. Officers are trained to look for indicators of deception and use a risk management approach in determining which goods may warrant a closer look”.
Rob Currie, director of the Law and Technology Institute at the Schulich School of Law at Dalhousie University, said, “Under the Customs Act, customs officers are allowed to inspect things that you have, that you’re bringing into the country. 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”.
The issue of giving your password to authorities has never been tested by a court in Canada. “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. [It’s] one thing for them to inspect it, another thing for them to compel you to help them,” he added.
they may inspect the device – for that they need it unlocked. but… if the owner unlocks it, then they dont need the password. – you dont want to create a new password after every security check…
In no way to they deserve the right to invade your private information then can ask me all the questions they want but my personal property is by right my property and off limits to anyone i choose to not let use or see
That’s true, but they also have the right to not allow you into the country. Most of us would have nothing to worry about, and while it might be an invasion of privacy, they do catch people coming into Canada to work illegally by looking at emails and messages on phones. They also might be looking for many other reasons. Is it a bomb? Do you follow ISIS tweets? Really, border security does have more of a right than police do.
If you don’t wish to unlock your phone you have that right, and I believe that you should exercise that right, but you cannot complain about the consequences.
I am also wondering if you only feel this way about Canada. If you were in Russia or Thailand for instance would you prefer to be thrown in jail there?
If you’ve watched the border security shows you’ll see that they catch a lot of predators carrying across external hard-drives and laptops full of child pornography, etc. They are trained to catch the shifty people with something to hide. I have nothing to hide so I will always cooperate with authorities. It is a good thing they inspect devices.
They have every right to inspect your tech devices. It is the law if you do not want them to inspect them then do not bring them with you over the boarder.
Trolls everywhere.
The problem is not the worker searching your phone or the head of that inspection.
It’s the tools up the top of the hierarchy which that are the problems.
The law makers, they make the law, we don’t, it needs to change.
Stop Big Brother, stop Big Oil, stop big Monsanto, stop big Rupert Murdoch…
They don’t need to know your passwords, but you do need to unlock the device and open it to make sure it’s really an operating device and not a bomb. Some people intend on being a jackass long before they arrived at any security screening or police inspection. Don’t go if you don’t want to be searched.
This is still an invasion of privacy. I don’t care I’m not unlocking MY phone, that I PAID FOR, for any TSA agent. I don’t give a damn how suspicious and much they might racially profile a traveler. I wouldn’t expect anyone else to unlock their phone either. This is dumb.
Well then you miss the point. all these laws that restrict our freedom that you are trying to fight are all there because of people like these. we are only as strong as our weakest link, if we have people refusing to unlock phones then a new law will just be made that then allows officers to forcibly take phones and open them themselves. it’s as simple as that, if we want the world to be more free we need to use our heads and stop being so obtuse over petty matters. at the end of the day, I don’t want to be on a plane with a man who’s being secretive about his devices because he may know he’s harmless but to everyone else he’s a potential threat. it’s that simple.
I love this one – A mind of a slave asks: “Is it legal?” A mind of a free man asks: “Is it right?”
Your world seems pretty simple. You don’t really think that the world will be more free if we give up essential liberty?
What Luke is saying is, in order for us to be safer and freer as a society, we need to be good sports as citizens and let police and authorities assume we’re all guilty… until they look through our sock suitcases, grope us, look up our asses, and ransack through our personal data devices so they can be sure we’re actually innocent. It’s like saying, ‘let’s just hand them our asses cooperatively, before they force us to with a law.” It’s a slippery slope. It might take a few years of deep consideration, coupled with a detailed look at the history of societies, because on the surface it might seem like it’s not a big deal, but eventually Luke will realize how dangerous it is to be complacent with law, allowing the authorities, with little resistance, to suspend the rights of citizens in any way, even if it’s supposedly temporary, or ‘for this instance only’. We’re in the generation now that’s at the end of an old Empire. Wealth and power have reached the max, but morality and awareness are lacking. Corruption is throbbing, but the new generation inheriting the world doesn’t really know what evil looks like or how evil slowly grows in power. Most of the western 20 somethings are in a bubble. It’s probably the way the young German generation was after all the spoils of the industrial revolution: complacent, comfortable and unaware. Go ahead Hitler; it’s just my pockets– I know you won’t be breaking down my door and going through my house next!
What Luke is saying is, in order for us to be safer and freer as a society, we need to be good sports as citizens and let police and authorities assume we’re all guilty… until they look through our sock suitcases, grope us, look up our asses, and ransack through our personal data devices so they can be sure we’re actually innocent. It’s like saying, ‘let’s just hand them our asses cooperatively, before they force us to with a law.” It’s a slippery slope. It might take a few years of deep consideration, coupled with a detailed look at the history of societies, because on the surface it might seem like it’s not a big deal, but eventually Luke will realize how dangerous it is to be complacent with law, allowing the authorities, with little resistance, to suspend the rights of citizens in any way, even if it’s supposedly temporary, or ‘for this instance only’. We’re in the generation now that’s at the end of an old Empire. Wealth and power are at an all time high, but morality and awareness are not. Corruption is throbbing, but the new generation inheriting the world doesn’t really know what evil looks like or how evil slowly grows in power. Most of the western 20 somethings are in a bubble. It’s probably the way the young German generation was after all the spoils of the industrial revolution: complacent, comfortable and unaware. Go ahead Hitler, it’s just my pockets, I know you won’t be breaking down my door and going through my house next!
They’re inspecting what you are bringing into the country which these days includes data.
Admittedly you’d think that same data could be brought into the country over the Internet.
But they may figure many people are still bringing in something illegal on their person or terrorists may have reason to bring it in in person.
But at a border crossing every country has give. Itself the right to inspect what’s being brought in. Like it or not.
Walk instead of traveling via their service next time then.
Its not like your forced to fly.
Define invasion of privacy? going through your suitcase? car?
Unless we are hiding something, what’s the big deal?
“A man who will sacrifice liberty for security deserves neither.”
-Benjamin Franklin
Please investigate the Telegraph, they’ve got anti-green agenda. It’s obvious and unnecessary. I believe in order to make a big progression we need the policies of the Greens in place and the people of the Greens in government. Telegraph aren’t the only ones. Please can you help? Unfair reporting that makes it almost impossible for greens to win. The media need to take the Greems seriously and then the public are more likely to.
http://www.telegraph.co.uk/news/general-election-2015/11458816/General-Election-2015-How-each-party-compares-on-defence-policy.html
Last I knew you didn’t need to unlock a phone to show that it functions. Most phones will allow you to place an emergency call even when locked. That should be enough to prove that it’s a phone and not a bomb. Idiots.
If you think customs need to turn your phone on to know whether it’s a bomb or not you’re a moron. Please do us all a favour and stay off the internet and keep your opinions to yourself.
I think that they should be able to inspect the phones, they shouldn’t be allowed the passwords, the phones should be unlocked by only the owner of the phone.
On the phones could be information about any possible illegal activity, thus the phone, being our personal belonging should not be a problem.
I wonder more about the people who dispute this, what are you hiding? if it’s nothing then there should be no issue offering access.
it is my opinion that they can take that cellphone apart, they can disassemble it and check the inside, but not private information, that is invasion of privacy,, the law says:
153.1 (b) of the Customs Act for “hindering or preventing border officers from performing their duties”. The maximum fine for the offence is $25,000 with the possibility of a year in jail.
Rob Currie, director of the Law and Technology Institute at the Schulich School of Law at Dalhousie University, said, “Under the Customs Act, customs officers are allowed to inspect things that you have, that you’re bringing into the country. 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”.
the wording is vague and it DOES NOT says in SPECIFIC that passwords has to be given , it can be misinterpreted and/or abused
Privacy is a right in Canada. As a citizen of Canada I don’t consent to searches of my digital devices – even though I don’t have anything to hide.
This country is going too far and the weak are just letting it happen.
The CBSA does not need to turn on a device to know if its a bomb or not.