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A man was detained at the Canadian border refusing to give up his phone password

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07 Mar 2015 09:09 #245001 by chairman
Can border agents compel you to unlock your iPhone? A new case in Canada is testing out the law, with potentially serious repercussions. On Monday, a Quebec man named Alain Philippon refused to give the unlock code to his BlackBerry at the Canadian border, and was detained on charges of hindering border agents in the performance of their duties. This is the first time a Canadian citizen has been charged for declining to unlock a phone, and the case is expected to break new legal ground. Philippon said he didn't provide the code because he considers the information on his phone to be "personal." He was released on bail pending a trial in May.

The case deals with issues of encryption and personal privacy that have been debated across a number of legal systems. In America, privacy advocates have successfully argued that forced decryption violates a suspect's Fifth Amendment protections against self-incrimination, and the Supreme Court ruled last year that domestic searches of a suspect's cell phone require a warrant. In December, the Canadian Supreme Court issued a contrary ruling, allowing for narrow searches of phones when information is freely available. Still, it's unclear where the law will come down in Philippon's case.

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09 Mar 2015 08:21 #245381 by angelasmith998
I have documents on my phone that are privileged communications between my lawyer and I.

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09 Mar 2015 20:21 #245522 by Nikkishea21
This is Bull..., like what the hell?! This cannot be serious, of course the man phone is his private property and the last time I checked if you want something out of my phone you either need to get a subpoena or go to the phone company with a warrant, and there must be some form of legitimacy behind all of this in order to have this happen.

This sound as if the man was held up by robbers who wanted his phone and before they took it they requested the password from him. Decent, civilize, intelligent people are really doing these stupid things, where are our rights as human beings?!

I am so glad to know that the man stood his ground and I hope that somebody with some sense will get to the bottom of this and have those imbeciles dealt with appropriately.

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12 Mar 2015 10:07 #245814 by chairman
canada is in stone age as far as liberties

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