Florida Man Jailed for Failing to Unlock His Phone

Discussion in 'privacy general' started by guest, Jul 15, 2018.

  1. guest

    guest Guest

    Florida Man Jailed for Failing to Unlock His Phone
    July 14, 2018
    https://gizmodo.com/florida-man-jailed-for-failing-to-unlock-his-phone-1827600878
     
  2. Stefan Froberg

    Stefan Froberg Registered Member

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    Pothead got arrested....carry on...
     
  3. reasonablePrivacy

    reasonablePrivacy Registered Member

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    I wonder what judge can do if somebody would provide invalid passwords. Especially if phone would wipe itself after three invalid entered passwords.
     
  4. trott3r

    trott3r Registered Member

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    Dont you potentially get some years if you do this in the uk?
    or was the incident I remember for a encrypted PC?
     
  5. noway

    noway Registered Member

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    For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you. (Matthew 7:2)
     
    Last edited: Jul 15, 2018
  6. EASTER

    EASTER Registered Member

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    Scientists and technology proponents made a big boo boo when it comes to portable wireless handsets in the hands of the general public just so the domestic marketeers & industry could suck up easy money money money and the public could enjoy another modern convenience.

    It's turned the public into likely suspects. Carry a wireless device, and you can count on it having to be surrendered for interrogation even if there's nothing more on it than your family photos.
     
  7. guest

    guest Guest

    American bloke hauls US govt into court after border cops 'cuffed him, demanded he unlock his phone at airport'
    December 18, 2018
    https://www.theregister.co.uk/2018/12/18/american_citizen_border_smartphone_search/
    Civil complaint (PDF): https://regmedia.co.uk/2018/12/18/elsharkawivuscomplaint.pdf
     
  8. mirimir

    mirimir Registered Member

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    Best not to carry a phone across borders that you don't want to unlock.
     
  9. deBoetie

    deBoetie Registered Member

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    RIPA and the Terrorism Act 2000. I don't think the IPA overwrote those. Failure to comply with order, up to 5 years for terrorism or child porn, 2 years for anything else.

    There have been few cases where this has been used, a couple for PC, and at least one regarding a smartphone and computer at a border, where a director from Cage refused to comply because he said it contained information in an anti-torture case. He was convicted and given a conditional discharge and fine.
     
  10. guest

    guest Guest

    Highest Court in Indiana Set to Decide If You Can Be Forced to Unlock Your Phone
    February 4, 2019
    https://www.eff.org/deeplinks/2019/...decide-if-you-can-be-forced-unlock-your-phone
     
  11. mirimir

    mirimir Registered Member

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    Well, they do argue that she could just give them the unlocked device, without sharing the password :)
     
  12. Palancar

    Palancar Registered Member

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    My read of that link seems to show that THEY want the password, period! The initial lowest court ruled against the phone owner, but the intermediate appeals court reversed the order. Now the State Supreme court is taking the case starting April 18. This is a "watcher" for me.
     
  13. mirimir

    mirimir Registered Member

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    Well, if they had the unlocked device, they could reset the password ;)
     
  14. RockLobster

    RockLobster Registered Member

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    Probably contempt of court.
     
  15. guest

    guest Guest

    Victory: Pennsylvania Supreme Court Rules Police Can’t Force You to Tell Them Your Password
    November 20, 2019
    https://www.eff.org/deeplinks/2019/...rt-rules-police-cant-force-you-tell-them-your
     
  16. mirimir

    mirimir Registered Member

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    Wow, that guy seems crazy. He admitted to watching child porn on the computer. Indeed, he admitted that the computer contained child porn.

    So if he gets off, that's great news for the rest of us.
     
  17. Palancar

    Palancar Registered Member

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    Great! Still think this will head to US Supreme Court in the near future (< 5 yrs). It seems this decision also means no "contempt" charges can be filed for refusing to disclose a password. The courts/prosecutors apply "weight" to force disclosure, but now in this state that will no longer happen. Staying tuned.
     
  18. guest

    guest Guest

    Florida Appeals Court Asks State's Top Court To Decide Whether Compelled Password Production Violates The Fifth Amendment
    January 7, 2020
    https://www.techdirt.com/articles/2...ord-production-violates-fifth-amendment.shtml
     
  19. guest

    guest Guest

    Indiana court rules suspect can’t be forced to unlock iPhone; rejects ‘foregone conclusion’ argument
    June 24, 2020
    https://9to5mac.com/2020/06/24/forced-to-unlock-iphone/
    EFF: Victory: Indiana Supreme Court Rules that Police Can’t Force Smartphone User to Unlock Her Phone
     
  20. mirimir

    mirimir Registered Member

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    That's reassuring.

    But this case is just about phones, right?

    And so I'm guessing that forced hard drive decryption is still an issue.
     
  21. Palancar

    Palancar Registered Member

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    I think the cellphone legal verdict will apply to a hard drive as well - for sure in the State of Indiana. Its the same argument in every way. I just hope/wish we get the same result when one of these cases hits the US Supreme Court.

    This verdict also contradicts the "trend" AG Barr is attempting to get going with the encrypted app stuff circulating in this forum.

    Overall, a great day for privacy. Others here will disagree. Their argument will be if you are doing nothing wrong then you have nothing to hide. BS, pure and simple.
     
  22. guest

    guest Guest

    Is It Legal for Cops to Force You to Unlock Your Phone?
    ...the courts are divided on how to apply the Fifth Amendment
    June 27, 2020

    https://www.wired.com/story/is-it-legal-for-cops-to-force-you-to-unlock-your-phone/
     
  23. guest

    guest Guest

    Suspects Can Be Forced to Provide Smartphone Passcodes, Rules New Jersey Supreme Court
    August 11, 2020
    https://www.macrumors.com/2020/08/11/suspects-compelled-smartphone-passcode-new-jersey-court/
    Prosecutors can force defendants to give up cellphone passcodes, NJ Supreme Court rules
     
  24. xxJackxx

    xxJackxx Registered Member

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    The court can force you to do what they want because they said so. Seems fair... :thumbd:
    That said, why are they even trying to force someone to incriminate themselves when I thought these phone were supposed to be a huge privacy nightmare anyway? I thought carriers already logged your texts and stored them for long periods of time. Why not just get them from the carrier?
     
  25. reasonablePrivacy

    reasonablePrivacy Registered Member

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    I heard sometimes ISP in my country made mistakes And accidentally deleted some logs. Maybe also they want to set more examples of legaly forcing people to unlock phones which may or may not change future court rulings. Last but not least maybe they will find something else on phone on accident.
     
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