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

John Newman jnn at synfin.org
Wed Jul 18 07:58:56 PDT 2018


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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