3 ms·

Fifth amendment holds that the state can't compel someone to give up their password.

by colinmhayes 5y ago

jtbayly 5y ago
But that hasn't stopped judges from demanding it and keeping people in jail for contempt of court when they refuse.
iso1631 5y ago
But you can be jailed for 18 months for not giving it up
- colinmhayes 5y ago
  Not if your lawyer is any good.
  - curryst 5y ago
    https://arstechnica.com/tech-policy/2020/02/man-who-refused-to-decrypt-hard-drives-is-free-after-four-years-in-jail/ https://arstechnica.com/tech-policy/2020/02/man-who-refused-... Nope, federal law states they can hold you for 18 months. So long as they can claim to already know what's on the device (which they will, because Apple pinged them about it), they can hold you for 18 months.
    - colinmhayes 5y ago
      Alright, after further investigation it looks like the Supreme Court has so far declined to rule on this issue so it depends on the state. It sounds like most states supreme courts have ruled that you can't be forced to unlock a device, but some, like pennsylvania say that if the state can prove you know the password they can force you to unlock the device. Definitely a pretty thorny situation.
clusterfish 5y ago
Except 100 miles from the border apparently https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
- colinmhayes 5y ago
  The 100 mile zone is clearly fucked up, but I haven't seen any cases of it being used to force anyone to give up their password. Even with a warrant US citizens do not have to give up their password. The only exception I've seen is a case where the defendant shared some info on their phone but refused to share everything. The judge ruled the defendant waived his fifth amendment rights in that case. I think it's clear that that was the wrong decision, but the solution is clear and easily done, don't give cops any information.

3 ms·

Fifth amendment holds that the state can't compel someone to give up their password.

by colinmhayes 5y ago

Fifth amendment holds that the state can't compel someone to give up their password.

jtbayly 5y ago
But that hasn't stopped judges from demanding it and keeping people in jail for contempt of court when they refuse.
iso1631 5y ago
But you can be jailed for 18 months for not giving it up
- colinmhayes 5y ago
  Not if your lawyer is any good.
  - curryst 5y ago
    https://arstechnica.com/tech-policy/2020/02/man-who-refused-to-decrypt-hard-drives-is-free-after-four-years-in-jail/ https://arstechnica.com/tech-policy/2020/02/man-who-refused-... Nope, federal law states they can hold you for 18 months. So long as they can claim to already know what's on the device (which they will, because Apple pinged them about it), they can hold you for 18 months.
    - colinmhayes 5y ago
      Alright, after further investigation it looks like the Supreme Court has so far declined to rule on this issue so it depends on the state. It sounds like most states supreme courts have ruled that you can't be forced to unlock a device, but some, like pennsylvania say that if the state can prove you know the password they can force you to unlock the device. Definitely a pretty thorny situation.
clusterfish 5y ago
Except 100 miles from the border apparently https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
- colinmhayes 5y ago
  The 100 mile zone is clearly fucked up, but I haven't seen any cases of it being used to force anyone to give up their password. Even with a warrant US citizens do not have to give up their password. The only exception I've seen is a case where the defendant shared some info on their phone but refused to share everything. The judge ruled the defendant waived his fifth amendment rights in that case. I think it's clear that that was the wrong decision, but the solution is clear and easily done, don't give cops any information.