Monday, September 22, 2014

Encryption as evidence of obstruction of justice?

This just in from "Silicon Valley’s smartphone snitching has come to an end. Apple and Google have promised that the latest versions of their mobile operating systems make it impossible for them to unlock encrypted phones, even when compelled to do so by the government. But if the Department of Justice can’t demand that its corporate friends unlock your phone, it may have another option: Politely asking that you unlock it yourself, and letting you rot in a cell until you do.

In many cases, the American judicial system doesn’t view an encrypted phone as an insurmountable privacy protection for those accused of a crime. Instead, it’s seen as an obstruction of the evidence-gathering process, and a stubborn defendant or witness can be held in contempt of court and jailed for failing to unlock a phone to provide that evidence. With Apple and Google no longer giving law enforcement access to customers’ devices, those standoffs may now become far more common ..."

This will get messy. Using the 5th Amendment has had mixed results. My guess is that this will eventually end up at the supreme court. In the mean time, Apple and Google get a bit of free advertising.

No comments: