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re: The FBI Director doesn't like Apple's new encryption standard
Posted on 9/25/14 at 7:08 pm to Jim Rockford
Posted on 9/25/14 at 7:08 pm to Jim Rockford
Looks like you are going to have to do a real investigation instead of hope for dumb selfies. If you have a warrant, is it not reasonable to have them unlock the phone for you? Wouldn't that be part of complying with the investigation?
Posted on 9/25/14 at 7:19 pm to Mr Gardoki
There is case law that found a person does NOT have do that.
U.S. v. John Doe, Nos. 11-12268 & 11-15421, D.C. Docket No. 3:11-mc-00041-LAC (11th Circuit Court of Appeals)
In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011
The Fifth Amendment right against self incrimination protects against being forced to decrypt hard drive contents.
“We hold that the act of Doe’s decryption and production of the contents of the hard drives would sufficiently implicate the Fifth Amendment privilege. We reach this holding by concluding that (1) Doe’s decryption and production of the contents of the drives would be testimonial, not merely a physical act; and (2) the explicit and implicit factual communications associated with the decryption and production are not foregone conclusions.”
U.S. v. John Doe, Nos. 11-12268 & 11-15421, D.C. Docket No. 3:11-mc-00041-LAC (11th Circuit Court of Appeals)
In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011
The Fifth Amendment right against self incrimination protects against being forced to decrypt hard drive contents.
“We hold that the act of Doe’s decryption and production of the contents of the hard drives would sufficiently implicate the Fifth Amendment privilege. We reach this holding by concluding that (1) Doe’s decryption and production of the contents of the drives would be testimonial, not merely a physical act; and (2) the explicit and implicit factual communications associated with the decryption and production are not foregone conclusions.”
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