Forum - View topicNEWS: Prosecution Drops Charges in Canadian Manga Child Porn Case
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Banden
 Posts: 140 |
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Does Canadian law offer the accused no protections at all against unlawful search and seizure? In the US, this would be an illegal search inadmissible in court under the Fourth Amendment, in the absence of a court-issued warrant establishing just cause. A suspect's refusal to be searched, by itself, does not generally satisfy just cause to obtain a warrant and execute a search. |
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dtm42
Posts: 14084 Location: currently stalking my waifu |
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Even police departments cannot crack some of the better encryptions that are free to download off the net. Such an encrypted HDD would need to be sent to the FBI or another agency, and even then it wouldn't be easy. And sure, even if you did get arrested, it would only be for refusing to provide access, a charge you could - with a good lawyer - successfully contest in court. However, if you gave them the passwords and they found a Doujin featuring underage characters, goodbye the next two years of your life, even with help of the good people of the CBLDF.
The Eighth Amendment prevents against imposing excessive fines, yet it is completely ignored when people charged with illegal downloading get fined six- or seven-figure sums of money. I wouldn't put too much confidence in the American Constitution, or its Amendments. |
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Anymouse
 Posts: 685 |
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Merely crossing state lines puts a communication under Federal authority. Even if your state is tolerant the feds can be less so. Witness that case from Ohio.
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Banden
Posts: 140 |
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You may have a (tangentially) relevant point, but that doesn't really answer my specific question, which you snipped from my quote: Does Canadian law offer the accused no protections at all against unlawful search and seizure? |
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TarsTarkas
 Posts: 5824 Location: Virginia, United States |
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You could be right, but whatever happens it is not going to be pleasant. You also are still gambling that your encryption will be better, than whatever that nation can put out. Guess the question is, is the convenience of bringing your anime and manga with you, worth the risk. I could have sworn there was law you would break, if you didn't provide the key, but I could be mistaken, and if it even exists, it probably would be different from nation to nation. |
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yuna49
 Posts: 3804 |
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Not if it's being conducted by American customs agents. From http://www.fas.org/sgp/crs/homesec/RL34404.pdf: "As a general rule, the Fourth Amendment of the U.S. Constitution requires government-conducted searches and seizures to be supported by probable cause and a warrant. Federal courts have long recognized that there are many exceptions to these requirements, one of which is the border search exception. The border search exception permits government officials to conduct 'routine' searches based on no suspicion of wrongdoing whatsoever. On the other hand, when warrantless border searches are particularly invasive, and thus 'non-routine,' they are permissible only when customs officials have, at a minimum, a 'reasonable suspicion' of wrongdoing. The federal courts that have addressed this issue have held that the border search exception applies to searches of laptops at the border. Although the Supreme Court has not directly addressed the degree of suspicion needed to search laptops at the border without a warrant, the federal appellate courts that have addressed the issue appear to have concluded that reasonable suspicion is not needed to justify such a search. The Ninth Circuit, in United States v. Arnold, explicitly held that reasonable suspicion is not required to conduct a warrantless search of a laptop at the border." These days I don't know why anyone would carry problematic data on a computer across a national border. There are lots of free cloud storage services available. Just upload the stuff you need before you leave and download it when you arrive. Reverse the process before your return trip. |
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dtm42
Posts: 14084 Location: currently stalking my waifu |
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Your idea is a good one if someone just wants to take a small section of their folder with them on a business trip or on holiday. But if you have a lot of data you'd be better off just leaving it at home. I mean, ten GB can take hours to transfer on a slow ADSL connection, and of course there is the issue of ISP-instigated bandwidth caps. And a person could easily have well over ten GB of Doujins and Hentai on their computer. |
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