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A Quebec man is facing charges of obstruction after refusing to give his cell phone password to border officials. CBC reports the incident occurred on Monday night at Halifax’s Stanfield International Airport and Alain Philippon, 38, is currently out on bail.
In the U.S., travelers have been required to allow border agents to search phones and laptops for a while, as is the case in other countries, including the U.K. But the issue of making it a legal requirement for people to actively reveal passwords or encryption keys has been a topic of much debate, particularly in the U.S.
For example, the Fifth Amendment of the United States Constitution essentially means an individual should be protected from having to incriminate themselves — and revealing a password or encryption key could be construed as “incriminating” oneself. This has been tested, though, in a number of court cases, and individuals have sometimes been required to make the contents of their laptops easily accessible to authorities by decrypting their machines.
Regarding the case of Alain Philippon, this will prove an interesting test of Canada’s existing legislation, which does allow customs officers to inspect travelers’ belongings when entering the country. However, the specific issue of whether a traveler is actually obliged to reveal their password on request has yet to be put through the wringer in court.
Elsewhere, New Zealand authorities are currently seeking powers that would require travelers to disclose passwords when entering the country, with sentences of up to three months in jail for refusing to do so.
Agencies/Canadajournal
So now non existent or laws under discussion are being used to deprive people of their rights. I would sue this bunch for invasion of privacy since they had no other reason to ask for the smartphone to be unlocked except their own bias
I wonder, what if I take my phone through the border without a battery? A password won’t do the guards much good if they can’t even turn the phone on.