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Posted

On Monday night, A Quebec man was coming back to Canada and was told give his cellphone password to the customs agents. He refused and was charged with "hindering or preventing border agents from doing their job". He intends to fight that charge in court;

http://www.cbc.ca/news/canada/nova-scotia/quebec-resident-alain-philippon-to-fight-charge-for-not-giving-up-phone-password-at-airport-1.2982236?cmp=rss

Should you have to give up the information on your cell phone to customs agents? What if the information stored through the cell phone is in another country?

Should you be made to give up the password to a lap top computer that you take on an airplane?

Note - For those expecting a response from Big Guy: I generally do not read or respond to posts longer then 300 words nor to parsed comments.

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Posted

Not without a court ordered warrant.

Screw what the border guards think or want.

Is there a crowd-fund for this victim of the state's court costs?

A government without public oversight is like a nuclear plant without lead shielding.

Posted (edited)

Should you have to give up the information on your cell phone to customs agents? What if the information stored through the cell phone is in another country?

They can seize the phone but you have no obligation to provide a password.

Should you be made to give up the password to a lap top computer that you take on an airplane?

Absolutely not. In fact, providing a password to a work computer could make someone liable for breach of contract. The only thing the border agents can do is refuse to allow you to take the laptop on the plane. Edited by TimG
Posted

Should you be made to give up the password to a lap top computer that you take on an airplane?

I sure hope not.

But that determination will be done in a Court, and hopefully it goes to the very top .

But you are at a border and expectations of privacy are close to out the window.

Considering that anything on their can be sent other ways, it seems stupid for them to want to see whats on it, apart from ensuring it works and isnt a bomb

Posted

Why the he'll should they be able to prevent you from taking your laptop with you? What possible reason could they have for that?

Screw them on that score too.

A government without public oversight is like a nuclear plant without lead shielding.

Posted

Ok folks got a juicy one to share with you guys.

Last Sunday, March 1st, my wife and I arrived at Pearson from a direct flight from Hong Kong.

I filled out our claims form on the plane and handed it to the customs officer after waiting in line.

I was asked if I visited some African countries and if I was in contact with anyone exposed to ebola. I said no.

I then said to this clown that that was a big F'n joke and just a racist scam!

He mumbled about something I can't recal.

He asked me what country I am coming from and I told him it's in the passport. He exclaimed "I'm asking you a direct question" or something like that.

I then took this guys picture and then he hit the freekin roof and started crying to his other bouncer buddy that I took his picture.

They don't like it when you take their pictures apparently.

If anyone's interested in hearing the rest of the story, just ask and I'll continue

WWWTT

Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!

Posted

Encrypt your SIM/Smart cards and tell them to go piss up a rope.

OK. Problem is, after a 15-16 hr flight, a lot of fight is knocked out of you.

These freekin jokers know it for sure man and they take advantage of the fact you're not 100%!!!!!

WWWTT

Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!

Posted

Ok folks got a juicy one to share with you guys.

Last Sunday, March 1st, my wife and I arrived at Pearson from a direct flight from Hong Kong.

I filled out our claims form on the plane and handed it to the customs officer after waiting in line.

I was asked if I visited some African countries and if I was in contact with anyone exposed to ebola. I said no.

I then said to this clown that that was a big F'n joke and just a racist scam!

He mumbled about something I can't recal.

He asked me what country I am coming from and I told him it's in the passport. He exclaimed "I'm asking you a direct question" or something like that.

I then took this guys picture and then he hit the freekin roof and started crying to his other bouncer buddy that I took his picture.

They don't like it when you take their pictures apparently.

If anyone's interested in hearing the rest of the story, just ask and I'll continue

WWWTT

Are there anal probes involved? :ph34r:

"A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley

Posted

Are there anal probes involved? :ph34r:

No nothing like that.

They wanted to search our bags, but apparently you have to lift them up on the table.

I suspect that they overstep what they are allowed to do!

WWWTT

Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!

Posted

I was thinking the same thing.....laughing at anybody who behaved this way before he/she is escorted to an inspection room for a cavity search.

Yes sir no sir three bags full sir!

Definitely boring

WWWTT

Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!

Posted

On Monday night, A Quebec man was coming back to Canada and was told give his cellphone password to the customs agents. He refused and was charged with "hindering or preventing border agents from doing their job". He intends to fight that charge in court;

http://www.cbc.ca/news/canada/nova-scotia/quebec-resident-alain-philippon-to-fight-charge-for-not-giving-up-phone-password-at-airport-1.2982236?cmp=rss

Should you have to give up the information on your cell phone to customs agents? What if the information stored through the cell phone is in another country?

Should you be made to give up the password to a lap top computer that you take on an airplane?

God, it's disgusting!

And he could face a year in jail for those charges.

The US has already decided it's ok:

http://www.cbc.ca/m/news/world/laptop-searches-by-agents-at-border-ok-u-s-judge-says-1.2481751

Posted

Of course it's OK...one can't just go prancing across international borders with presumed immunity from inspection of person or possessions.

If not acceptable, do not seek entry. Not complicated.....

Economics trumps Virtue. 

 

Posted (edited)

The border guards don't need a warrant for that. You are subject to search right up your rectum if they want to take it that far, regardless of whether you are suspected of doing something or not.

If you don't like it, stay within the borders....

Edited by The_Squid
Posted


I think you might have been in the wrong on this one.... Frankly, I think you came across as a first class jerk.

I filled out our claims form on the plane and handed it to the customs officer after waiting in line.

I was asked if I visited some African countries and if I was in contact with anyone exposed to ebola. I said no.

I then said to this clown that that was a big F'n joke and just a racist scam!

The risk of Ebola may be over stated. But, I doubt that the custom officer was the one that makes the policy about Ebola inquiries.

Hassling someone who is just following protocol (even if you disagree with it) reflects badly on you. If you don't like it, complain to your MP.

He asked me what country I am coming from and I told him it's in the passport. He exclaimed "I'm asking you a direct question" or something like that.

From what i understand, customs officers might engage in that sort of questioning in order to identify individuals who might be engaged in illegal activities. (i.e. they may be seeing if their story corresponds with the passport.)

We expect officers to be concerned with public safety. Having staff that actually makes an attempt to identify problems (rather than just go through the motions) might actually be considered a "good thing".

I then took this guys picture and then he hit the freekin roof and started crying to his other bouncer buddy that I took his picture.

They don't like it when you take their pictures apparently.

The laws regarding photography differ according to location. Not sure what the law is at the Toronto airport, but Australia forbids all photography of security personnel. The US doesn't have any federal law, but their may be local laws against it. And, its asked that people don't photograph security monitors, or take actions that might delay others.

http://blog.tsa.gov/2009/03/can-i-take-photos-at-checkpoint-and.html

http://www.darwinairport.com.au/passenger-information/passenger-security

If anyone's interested in hearing the rest of the story, just ask and I'll continue

Why, did you urinate on his shoes and then complain because he didn't like it?

Posted

They can seize the phone but you have no obligation to provide a password.

Absolutely not. In fact, providing a password to a work computer could make someone liable for breach of contract. The only thing the border agents can do is refuse to allow you to take the laptop on the plane.

What's your basis for saying these things, ie. the only they they CAN do and you have no obligation ?

You can't be speaking about an established legal right here since, according to the article, "He's been charged under section 153.1 ( B) of the Customs Act for hindering or preventing border officers from performing their role under the act.

According to the CBSA, the minimum fine for the offence is $1,000, with a maximum fine of $25,000 and the possibility of a year in jail."

Posted

God, it's disgusting!

And he could face a year in jail for those charges.

The US has already decided it's ok:

http://www.cbc.ca/m/news/world/laptop-searches-by-agents-at-border-ok-u-s-judge-says-1.2481751

Maximum penalties are virtually never handed out. If he even loses this case he'd most likely be given something called alternative measures which means that if you've never been in trouble before you can still have a clean record after a certain amount of time lapses after your sentence is complete.

Sorry. Typing on phone. Run on sentence lol.

This will be a precedent setting case I believe so it may go the SC eventually anyhow. The border guards are doing their jobs. No one is to blame here.

I wouldn't let them look at my pw either or have access to my phone or PC or tablet files at all.

Posted (edited)

What's your basis for saying these things, ie. the only they they CAN do and you have no obligation?

Why would they have more power than the police? If you bring a locked box for which you have no key. They can seize the box but they can't force you to provide the key.

You can't be speaking about an established legal right here since, according to the article, "He's been charged under section 153.1 ( B) of the Customs Act for hindering or preventing border officers from performing their role under the act.

It is a huge stretch to claim that the contents of his cellphone were necessary for them to perform their role. Whats next? Demanding access to his email accounts or his online banking information? Logically they could argue that anything is "necessary to perform their role" so some common sense limits are required.

Let's put it this way: do you think that Obama should be charged if he refused to allow customs access to the presidential Blackberry? If not then why should the rules be different for normal people?

I am sure the Chinese government would be delighted if it was internationally acceptable to demand laptop/cellphone passwords for every CEO or engineer entering the company. They would be able to cut their spy budget in half.

Edited by TimG
Posted

Of course it's OK...one can't just go prancing across international borders with presumed immunity from inspection of person or possessions.

If not acceptable, do not seek entry. Not complicated.....

No that's not the point.

In the Canadian charter of rights and freedom's, it's clearly written that every Canadian has the right to leave and return to Canada.

WWWTT

Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!

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