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It seems there is no clear consensus on whether, and in what circumstances, the fifth amendment applies to phone passcodes: > Earlier this year, a Philadelphia
by elliekelly 6y ago
It seems there is no clear consensus on whether, and in what circumstances, the fifth amendment applies to phone passcodes:
> Earlier this year, a Philadelphia man was released from jail after four years of being held in contempt in connection with a child-pornography case. A federal appeals court rejected his argument that the Fifth Amendment gave him the right to refuse to unlock hard drives found in his possession. A Vermont federal court reached the same conclusion in 2009—as did a Colorado federal court in 2012, a Virginia state court in 2014, and the Massachusetts Supreme Judicial Court in 2014. But other courts in Florida, Wisconsin, and Pennsylvania have reached the opposite conclusion, holding that forcing people to provide computer or smartphone passwords would violate the Fifth Amendment.
- bitxbitxbitcoin 6y agoThis is going to have to be decided in US Supreme Court and I hope it happens sooner rather than later.
- supernova87a 6y agoThat is the opposite of the Supreme Court's approach. They want this to be argued over and the facts laid out as much as possible so the issue is clear, and the conflicting approaches demonstrated (and range of cases that fall into the ambiguity zone), before they step in.