“Next week, a local judge in Miami-Dade County, Florida, is expected to issue a key ruling in a bizarre sextortion case involving two Miami-area social media personalities,” Cyrus Farivar reports for Ars Technica. “”
“The question before the court is one that has vexed other judges in recent years: can a person be forced to give up a password to decrypt their seized devices? Or, put another way, does the Fifth Amendment right against self-incrimination allow people to keep their encrypted devices locked?” Farivar reports. “‘I’m going to have to read these cases with a fine-tooth comb,’ Circuit Judge Charles Johnson said at a hearing this week, according to the Miami Herald. ‘I’m surprised by this case.'”
“This issue is far from settled law. A former Philadelphia police officer has remained in custody for 18 months and counting for refusing to decrypt a seized hard drive that authorities believe contains child pornography,” Farivar reports. “While the facts in that Pennsylvania case are different from the Florida case, the underlying issue remains the same.”
Read more in the full article here.
MacDailyNews Take: Note that when an iPhone hasn’t been unlocked using the Touch ID feature for 48 hours, or has been restarted, the iPhone will require the passcode to unlock.
At issue is the following:
U.S. Constitution
AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Sometimes the law gets too cute. We shouldn’t leave common sense out of the equation. The process is the same thing. You’re getting access to someone’s most private information by forcing someone to give you the key. — Miami defense attorney David Oscar Markus, May 2016
Ultimately, the U.S. Supreme Court will likely have to weigh in.
SEE ALSO:
Feckless FBI unable to unlock iPhone, even with a ‘fingerprint unlock warrant’ – May 12, 2016
The Touch ID lock on your iPhone isn’t cop-proof – May 11, 2016
U.S. government wants your fingerprints to unlock your phone – May 1, 2016
Should you disable Touch ID for your own security? – May 9, 2016
U.S. government wants your fingerprints to unlock your phone – May 1, 2016
Virginia police can now force you to unlock your smartphone with your fingerprint – October 31, 2014
Apple’s Touch ID may mean U.S. iPhone 5s users can’t ‘take the fifth’ – September 12, 2013
Apple’s iPhone 5S with biometric identification: Big Brother’s dream? – September 11, 2013