Forced Decrypt: US Judge Jails Defendant Six Months for Contempt re Phone Unlock

\0xDynamite dreamingforward at gmail.com
Wed Jul 18 12:00:51 PDT 2018


This is ridiculous.  There is ZERO obligation for anyone to unlock
their phone anymore than unlocking your house.  If any "law
enforcement" officer wants to insist on such, THEY BETTER HAVE AN
EXECUTIVE ORDER.

On 7/18/18, John Newman <jnn at synfin.org> wrote:
> On Tue, Jul 17, 2018 at 06:37:19PM -0400, grarpamp wrote:
>> https://gizmodo.com/florida-man-jailed-for-failing-to-unlock-his-phone-1827600878
>> http://www.fox13news.com/news/local-news/judge-jails-man-for-failing-to-unlock-phones
>> https://old.reddit.com/r/PoliticalDiscussion/comments/8yz2za/a_man_got_6months_in_jail_for_not_unlocking_his/
>> https://old.reddit.com/r/privacy/comments/8y8yd1/man_faces_6_months_in_florida_jail_for_not/
>> https://old.reddit.com/r/news/comments/8yx73q/judge_jails_defendant_for_failing_to_unlock_phones/
>> https://old.reddit.com/r/technology/comments/8ypu6s/guy_gets_tossed_in_jail_for_contempt_charges/
>> https://old.reddit.com/r/law/comments/8z9zjr/judge_jails_man_for_180_days_for_refusing_to/
>> https://yro.slashdot.org/story/18/07/15/2012230/judge-jails-defendent-for-failing-to-unlock-phones
>> https://news.ycombinator.com/item?id=17547562
>> https://old.reddit.com/r/privacy/comments/8z63lz/us_courts_can_force_you_to_decrypt_or_provide/
>> http://www.scotusblog.com/case-files/cases/rodriguez-v-united-states/
>>
>> https://assets.documentcloud.org/documents/4597748/Emergency-Writ.pdf
>> https://assets.documentcloud.org/documents/4597747/Search-Warrant-and-Affidavit.pdf
>>
>> In a Tampa courtroom, Judge Gregory Holder held William Montanez
>> in contempt of court for failure to unlock a mobile device. What
>> led to this was a frightening slippery slope that threatens our
>> Fourth Amendment rights to the core. Montanez was stopped for failing
>> to yield properly. After being pulled over, the officer asked to
>> search his car; Montanez refused, so the officer held him until a
>> drug dog was brought in to give the officer enough probable cause
>> to search the vehicle. They found a misdemeanor amount of marijuana,
>> which they used to arrest Montenez, but they asked to search his
>> two cellphones, which he also refused. They were able to secure a
>> warrant for those as well, but Montenez claimed he had forgotten
>> his password. The result: Montanez is being held in contempt of
>> court and is serving a six-month jail sentence.
>>
>> "I don't know the code, sir," he stated.
>> So the judge found him in civil contempt and threw him in jail.
>
> ARG! Fucking disgusting. At least he didn't have a fingerprint or
> "FaceID" unlock setup, or they could've manhandled him into unlocking it
> biometrically. So, basically: keep using a PIN code (which can still be
> broken, but is rather a PITA for the pigs).
>
> John
>
>>
>>
>> http://www.decidethefuture.org/
>
> --
> GPG fingerprint: 17FD 615A D20D AFE8 B3E4  C9D2 E324 20BE D47A 78C7
>


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