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American's computer, hard drives seized

Published Friday October 9th, 2009

$1,000 fine | Judge not impressed by behaviour at border

By Shawn Berry

Border guards are trying to determine what's on a laptop computer seized from an American man who refused to give them access to encrypted information stored on the device.

Carl David Todaro, 38, of Clarks Summit, Pa., was arrested by a Canada Border Services Agency officer Wednesday afternoon after he tried to cross into Canada at the Houlton, Maine-Woodstock, N.B., port of entry.

Todaro, who will be barred from re-entering Canada, appeared in provincial court Thursday afternoon and pleaded guilty to hindering a Canada Border Services Agency officer.

He was fined $1,000 and had his computer and two external hard drives seized for further inspection.

"The results of the examination will be turned over to U.S. authorities,'' said federal Crown prosecutor David Hitchcock.

Todaro, who told the court he works in the technology industry, told a border guard he was planning to visit family-owned land in Canada.

He declared only a phone and camping gear when he showed up at the crossing around 1:40 p.m. Wednesday.

That's when border guards noticed a bulge in his breast pocket where he had an external computer hard drive. A subsequent search also yielded a laptop and a second external hard drive.

When officers asked Todaro for access to the computer, he refused.

Hitchcock said Todaro told officers: "No, you will not be looking at my data."

Officers told Todaro that the Canada's Customs Act obliges him to give them access to information on his computer and they ordered him to log onto his computer.

"He typed a command," Hitchcock said. "There was information on the hard drives."

But the information was encrypted, he said.

"I certainly didn't delete anything," he later told the court.

Todaro pleaded guilty Thursday, but not before forcing a recess after being asked for his plea the first time.

"If hindering is keeping something in my mind, then I guess I agree," he said.

Judge Mary Jane Richards wasn't impressed.

"I don't accept that," she said, calling a recess so Todaro could again consult with duty counsel.

During the break, Todaro was told by duty counsel Edward Derrah that a guilty plea would likely result in the lowest fine, $1,000.

When the judge returned, Todaro pleaded guilty. But he said he doesn't think he should give out his password.

"I'm just a little bit confused at things," he said.

Todaro said he uses passwords to keep his data secure and away from other people.

"You'd be crazy not to," he told the judge.

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«Vous étiez au courant du risque engendré en rapportant autant de bouteilles (de vin) et je vais vous poser la question: était-ce nécessaire d'en acheter autant?»

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