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And what if I have an encrypted phone? Can I be compelled to turn over my password? Or my thumbprint? If I use the equivalent of a dead man's switch that wipes

by noarchy 12y ago

And what if I have an encrypted phone? Can I be compelled to turn over my password? Or my thumbprint? If I use the equivalent of a dead man's switch that wipes my phone if law enforcement tries unsuccessfully to get in, what then? There may be case law that covers this, but I am genuinely curious.

duaneb 12y ago
I can't speak for Canada, but in the US, if a judge orders you to provide a password, you have no choice. If you don't hand it over, this will result in you living broke forever in a prison—and you got your due process.
- jacobolus 12y ago
  That’s overly reductionist. http://federalevidence.com/pdf/EvidViewPoints/aug.2012.EVP-Kaufman.pdf http://federalevidence.com/pdf/EvidViewPoints/aug.2012.EVP-K...
- deleted 12y ago
  [deleted]
- adgr72 12y ago
  I have so many passwords that in the past I've lost access to certain encrypted files. Not even if I wanted to provide the password I would be able to. Could this be a sufficient argument in not being able to provide a decryption key?
thangalin 12y ago
"if the cell phone had been password protected or otherwise ‘locked’ to users other than the appellant, it would not have been appropriate to take steps to open the cell phone and examine its contents without first obtaining a search warrant." http://www.michaelgeist.ca/2013/02/fearon-decision/ http://www.michaelgeist.ca/2013/02/fearon-decision/ http://www.canlii.org/en/on/onca/doc/2013/2013onca106/2013onca106.html http://www.canlii.org/en/on/onca/doc/2013/2013onca106/2013on... http://www.cbc.ca/news/politics/cellphone-searches-upon-arrest-allowed-by-canada-s-top-court-1.2869587 http://www.cbc.ca/news/politics/cellphone-searches-upon-arre...
- adekok 12y ago
  By that logic, the police should be able to search your house or car if they're not locked. The Canadian Supreme Court isn't known for it's intelligent decisions. http://www.ctvnews.ca/w5/justice-system-scrutinized-woman-hires-hitman-but-goes-free-1.2079731 http://www.ctvnews.ca/w5/justice-system-scrutinized-woman-hi...
- code_duck 12y ago
  The judges in the case in this article say differently: "The majority also found that whether someone has protected their phone with a password doesn't carry much weight in assessing that person's expectation of privacy. "An individual's decision not to password protect his or her cellphone does not indicate any sort of abandonment of the significant privacy interests one generally will have in the contents of the phone," Justice Thomas Cromwell wrote."

by noarchy 12y ago

duaneb 12y ago

I can't speak for Canada, but in the US, if a judge orders you to provide a password, you have no choice. If you don't hand it over, this will result in you living broke forever in a prison—and you got your due process.

jacobolus 12y ago
That’s overly reductionist. http://federalevidence.com/pdf/EvidViewPoints/aug.2012.EVP-Kaufman.pdf http://federalevidence.com/pdf/EvidViewPoints/aug.2012.EVP-K...
deleted 12y ago
[deleted]
adgr72 12y ago
I have so many passwords that in the past I've lost access to certain encrypted files. Not even if I wanted to provide the password I would be able to. Could this be a sufficient argument in not being able to provide a decryption key?

thangalin 12y ago

"if the cell phone had been password protected or otherwise ‘locked’ to users other than the appellant, it would not have been appropriate to take steps to open the cell phone and examine its contents without first obtaining a search warrant." http://www.michaelgeist.ca/2013/02/fearon-decision/ http://www.michaelgeist.ca/2013/02/fearon-decision/ http://www.canlii.org/en/on/onca/doc/2013/2013onca106/2013onca106.html http://www.canlii.org/en/on/onca/doc/2013/2013onca106/2013on... http://www.cbc.ca/news/politics/cellphone-searches-upon-arrest-allowed-by-canada-s-top-court-1.2869587 http://www.cbc.ca/news/politics/cellphone-searches-upon-arre...

adekok 12y ago
By that logic, the police should be able to search your house or car if they're not locked. The Canadian Supreme Court isn't known for it's intelligent decisions. http://www.ctvnews.ca/w5/justice-system-scrutinized-woman-hires-hitman-but-goes-free-1.2079731 http://www.ctvnews.ca/w5/justice-system-scrutinized-woman-hi...
code_duck 12y ago
The judges in the case in this article say differently: "The majority also found that whether someone has protected their phone with a password doesn't carry much weight in assessing that person's expectation of privacy. "An individual's decision not to password protect his or her cellphone does not indicate any sort of abandonment of the significant privacy interests one generally will have in the contents of the phone," Justice Thomas Cromwell wrote."