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I'm not sure how the how matters. If the FBI has a warrant to search your phone, does it matter if its unlocked, or if you have 0000 as a PIN or if they identi
by AdamJacobMuller 6y ago
I'm not sure how the how matters.
If the FBI has a warrant to search your phone, does it matter if its unlocked, or if you have 0000 as a PIN or if they identify develop and exploit in AES to do so?
Similarly, if the FBI has a warrant to search your home, it doesn't matter if you leave the door unlocked, if they have a locksmith come and pick the lock, or if they break the door down.
- noxvilleza 6y agoThis situation is a bit more complex because it's contested (up to 11th circuit court of appeals) that "the decryption and production would be tantamount to testimony by [the suspect] of his knowledge of the existence and location of potentially incriminating files; of his possession, control, and access to the encrypted portions of the drives; and of his capability to decrypt the files." - and if it's testimony it's covered under 5th Amendment protections. Quite interesting 4-page summary of the topic by the Congressional Research Service from earlier this year: https://crsreports.congress.gov/search/#/?termsToSearch=LSB10416&orderBy=Relevance https://crsreports.congress.gov/search/#/?termsToSearch=LSB1...
- thaumasiotes 6y agoWhat would be the argument that the FBI's decryption of the files, with the suspect being uninvolved, would amount to an act of testimony by the suspect? If the FBI is doing the decryption itself, the 4th amendment is the relevant one, not the 5th.
- paul_f 6y agoPlease correct me, but I don't think this applies if the suspect is un-involved in the decryption process. I think this was meant to prevent a suspect from being forced to give up their passwords.