Posted on 10/13/2014 1:11:32 PM PDT by Citizen Zed
Apple is claiming it has technology that locks itself out.
Wow. That is an unusual case though. Plus, it's one thing to get contempt for not telling where the money is hidden. When it comes to passcodes, I think there might be some legitimate "self-incrimination" issues. Sure, a search warrant can force you to give surrender your phone and then the FBI computer specialists can go to work on it searching for evidence but can they force you to give up your private password to make their job easier?
I don't know. I'm sure at some point this will get tested in court.
IIRC, the “you have to give your passcode” issue has come up and been “settled.” The courts have decided there is no fifth amendment violation in requiring a suspect to give up the key, to enable the search. Submitting to a search is not a 5th amendment issue.
“Apple’s new privacy features protect kidnappers, pedophiles terrorists, homosexuals, heterosexuals, abused women, law enforcement officers, military personnel, government employees, medical and legal professionals, teachers, students, blue collar workers, clergy, homeowners, renters, pilots, drivers, fishermen, musicians, artists, writers, newsmen, the unemployed, children, ethnic minorities, religious minorities, immigrants, janitors, landscapers, etc.
“It puts them beyond our voyeurism!”
“Unless there is some reason for investigation,
the federal law and the Constitution still
protect the rights of citizens.”
— FBI agent Greg Stejskal (ret.)
Actually, it looks like the courts have gone both ways on the issue. Several case summaries at the link:
Encryption and Incrimination: The Evolving Status of Encrypted Drives
“I suspect the iPhone and etc. have already been cracked by the government and they’re lying about not being able to get into them as a way to lull people into being less careful with cell phones.”
Yes, and no.
They can crack just about anything with application of a bit of computing power. But the problem is, they aren’t used to having to do this to collect everybody’s data. Now they have to actually get off their lazy gov’t @sses and figure out who the criminals are and focus only on them - rather than simply collect “everything” all the time.
Psychopaths - to the last one - all those in gov’t who think they should be able to snoop on everyone all the time.
Yup. And we’ve got to cavity search women on the side of the road because some people have pot. /s
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