Author Topic: Here’s What To Do If A Border Guard Wants To Search Your Phone  (Read 2365 times)

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Offline whiskey601

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #25 on: August 06, 2018, 17:10:40 »
The only non-trivial security is quantum safe encryption. That doesn’t mean quantum computers need to be employed to defeat it.  The biggest security loophole is end users themselves, no matter how security conscious they may be. In many cases a user of a service is forced to commit unwittingly to something that executes black code or is otherwise revealing. Two factor authentication is a 1980’s technique that is exactly what it means: it is authentication>>  not confidentiality, integrity and non-repudiation. 

Edit: https://cryptologic.ca/articles

The author makes the case....
« Last Edit: August 06, 2018, 18:03:02 by whiskey601 »

Offline Haggis

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #26 on: August 06, 2018, 19:57:29 »
https://www.cbsa-asfc.gc.ca/alert-avis/piu-uip-eng.html

It's almost like driving past a car accident....

And for the BSO is the Postal Mode, for example, who have to view and make a determination on this stuff, it's like parking next to that accident and watching the body parts being slowly and messily pulled out of the wreckage.  It wears on you.
« Last Edit: August 06, 2018, 20:01:15 by Haggis »
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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #27 on: August 06, 2018, 22:03:48 »
And for the BSO is the Postal Mode, for example, who have to view and make a determination on this stuff, it's like parking next to that accident and watching the body parts being slowly and messily pulled out of the wreckage.  It wears on you.

I say next to a BSO on a flight once, and her job was to screen that stuff.  She said nothing in the world shocked her anymore.
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Offline Xylric

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #28 on: August 08, 2018, 21:51:16 »
An interesting thought experiment comes to mind.

Suppose I were a well-known Canadian criminologist and academic, invited to give a presentation in the United States about some new method of disguising child porn, and in the process of travelling across the border, Customs Officials find the subject matter of my presentation (with actual examples - which I suspect would not happen in reality), and as a result detain me for it. What would be the process of resolving the situation? I imagine the law enforcement agency that invited me into the US would be one of the first contacted.

Offline JesseWZ

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #29 on: August 08, 2018, 22:19:20 »
Academics are not allowed to possess child porn - even for "educational purposes".

Even as police officers, we have to be very stringent with how we find, catalogue and handle found collections of child pornography. There is a lot of layers of security and oversight with that material when its recovered.

« Last Edit: August 08, 2018, 22:24:03 by JesseWZ »
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Offline PuckChaser

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #30 on: August 08, 2018, 22:26:30 »
I have no idea why someone would need actual child pornography to teach a seminar on the ways people try to hide it. You could demonstrate the processes with cat videos and it would accomplish the same thing.

Offline JesseWZ

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #31 on: August 08, 2018, 22:48:49 »
The only time I've seen child pornography in an "academic environment" is on Integrated Child Exploitation (ICE) courses or similar. Each time, it was closely secured and provided by a police officer who worked in an ICE unit.

Typically they would form part of the instruction on cataloguing and classifying the material. It's an unpleasant process, but each image has to be evaluated to determine whether it is or isn't child porn. There are other investigative techniques conducted as well, but I won't be explaining them on an open forum.
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Offline Xylric

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #32 on: August 09, 2018, 02:53:01 »
As I said, there's absolutely no reason to think anything like the thought experiment would happen in reality. What worries me is the possibility that it *could* because someone was careless - or worse yet, unaware. An IT nightmare scenario my network administrator and I have been trying to develop a defense against involves hackers planting such material on hard-drives at point of manufacture and wiping it so that only mere traces remain. I won't touch Bitcoin or any other cryptocurrency because of the way they work - the block-chain is more than likely replete with things best not touched by human hands.

I brought it up because the instructor of the forensics course I took in college (Jan 2010 semester) was simultaneously an academic and an RCMP officer (who had spent a significant portion of time in some of the more major sex crimes Canada had to deal with, as he worked the Bernardo case). He mentioned that due to the extreme nature of the material that those working the case had to examine, a few of the people involved later went on to help train US police units to enhance their ability to deal with similar cases.

It was a poor attempt at a "worst case" example and thought experiment that stuck my mind as I came across one of the papers I wrote on child pornography and cyber security for that course. I do apologize for not articulating the question and scenario better. Basically what I wanted to know was what's likely to happen if one is *mistakenly* thought to be carrying such material. I don't know why I used the parentheses.


« Last Edit: August 09, 2018, 03:01:48 by Xylric »

Offline JesseWZ

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #33 on: August 09, 2018, 11:18:48 »
As I said, there's absolutely no reason to think anything like the thought experiment would happen in reality. What worries me is the possibility that it *could* because someone was careless - or worse yet, unaware. An IT nightmare scenario my network administrator and I have been trying to develop a defense against involves hackers planting such material on hard-drives at point of manufacture and wiping it so that only mere traces remain. I won't touch Bitcoin or any other cryptocurrency because of the way they work - the block-chain is more than likely replete with things best not touched by human hands.

I brought it up because the instructor of the forensics course I took in college (Jan 2010 semester) was simultaneously an academic and an RCMP officer (who had spent a significant portion of time in some of the more major sex crimes Canada had to deal with, as he worked the Bernardo case). He mentioned that due to the extreme nature of the material that those working the case had to examine, a few of the people involved later went on to help train US police units to enhance their ability to deal with similar cases.

It was a poor attempt at a "worst case" example and thought experiment that stuck my mind as I came across one of the papers I wrote on child pornography and cyber security for that course. I do apologize for not articulating the question and scenario better. Basically what I wanted to know was what's likely to happen if one is *mistakenly* thought to be carrying such material. I don't know why I used the parentheses.

Okay, I'll take the thought experiment at it's face. While I'm not CBSA, I've worked a few files with them, so I'll have a crack at it.

First - anytime I've ever handled CP administratively (ie to bring to the Crown or Court), it was on a stand-alone non re-writable finalized disc or drive (depending on the size of the collection) clearly labeled as containing child pornography. Attached to said disc is a chain of custody which lists everyone who had it in their possession and why.

There shouldn't be a need for anyone engaging in academic exercise to have the material on their phone or computer for so many reasons. Now, let's say our academic exercised extremely poor judgement and had the material on a digital device like a laptop or phone. If they say nothing about it, and it is found - you can bet that won't be solved at the local border level. An investigation will start, the devices will be seized, the "professor" will likely be arrested and off will his devices go for forensic analysis (with the appropriate warrant once obtained).

If the professor was up front, had clearly labeled what he had, he still may not be allowed into the country and may be arrested. The law is pretty clear that ordinary folks (even academics) are not to possess, access, distribute or create child pornography. When you throw a border into the mix, you can run into import/export offences as well. What the American law is - I don't know, but you can bet it will be a legal mess. As an investigator, I certainly wouldn't be satisfied with a phone call to the constabulary this guy was supposed to lecture at.

Thought experiments of this type are hard to muddle through due to the enormous amount of detail needed in order to properly contextualize what is going on. You would be better served by accessing a case law resource (such as canlii.org) and just start reading decisions.
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Offline Xylric

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #34 on: August 09, 2018, 11:27:40 »
Much as I thought - when I posed the thought experiment to the instructor of that course last night, his simple response was: Anyone who did that deserves what will happen.

Offline Pieman

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #35 on: August 09, 2018, 14:12:58 »
If one doesn't want to have their info looked at when crossing then most phones/devices will backup onto the cloud. The user restores the device to factory settings and wipes everything from phone/device. You simply update your phone with your cloud data when done. This is one method high tech companies use to keep their sensitive tech data secure. For social media you can simply turn off the visibility to facebook/instagram etc. in the security settings if you don't want people digging around in there.
« Last Edit: August 09, 2018, 14:19:41 by Pieman »
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Offline Haggis

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Re: Here’s What To Do If A Border Guard Wants To Search Your Phone
« Reply #36 on: August 09, 2018, 22:09:50 »
So if CBSA find evidence on your that suggests you committed a crime in Canada before leaving and returning, is that evidence admissible? I ask because the search is done under the Customs Act, but the alleged offense would be done in Canada, prior to leaving and would not in anyway trigger the Customs Act.

Border Service Officers are peace officers and have the power to arrest for Criminal Code offences.  For example, if you drive up to a land border while impaired expect to be arrested. If you arrive by any mode (air, marine, rail or highway) while the subject of an active criminal warrant in Canada, expect to be arrested. For more detail, Brihards reply to your post lays out what the process will be once your cell phone with incriminating photos of your barn-sized unlicensed grow op in Medicine Hat is searched and seized by the CBSA.
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