Law Society of Upper Canada bencher Robert Aaron, on new U.S. border regulations that allow search and seizure of electronic devices that may contain solicitor-client privileged materials:
A newly announced policy of the United States Department of Homeland Security presents a significant threat to the solicitor-client confidentiality to which Canadians are entitled.
The threat arises when a Canadian lawyer travels to the United States with his or her laptop computer, cellphone, BlackBerry, flash drive, or any other written or recorded information or client files — even if the lawyer is only on holiday. The same threat occurs when a client travels across the border in possession of similar communications to or from his or her lawyer.
...My intuition tells me that the contents of my laptop and BlackBerry are better shielded from prying government eyes when I take it to communist Cuba than when I drive across the border to Buffalo.
- Garry J. Wise, Toronto
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What about encrypting your hard drive? I understand that this is the latest/greatest next wave in the technology for lawyers? If you refuse to decrypt the hard drive for inspection at the border on the grounds of privilege, are they gonna deny you entry?
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