Tuesday Hearing: EFF Argues in New Jersey Supreme Court That Defendant Can’t Be Forced to Turn Over Password to Encrypted iPhone

Deeplinks 2020-01-17

Summary:

U.S. Constitution Protects Rights Against Self-Incrimination

Trenton, New Jersey—On Tuesday, January 21, at 1 pm., EFF Senior Staff Attorney Andrew Crocker will ask the New Jersey Supreme Court to rule that the state can’t force a defendant to turn over the passcode for his encrypted iPhone under the Fifth Amendment, which protects American’s rights against self-incrimination. The Fifth Amendment states that people cannot be forced to incriminate themselves, and it’s well settled that this privilege against self-incrimination covers compelled “testimonial” communications, including physical acts. However, courts have split over how to apply the Fifth Amendment to compelled decryption of encrypted devices. EFF, ACLU, and ACLU of New Jersey filed a brief in the case State v. Andrews arguing that state can’t compel a suspect to recall and use information that exists only in his memory to aid law enforcement’s prosecution of him. At Tuesday’s hearing, Crocker will tell the court that reciting, writing, typing or otherwise reproducing a password from memory is testimony protected by the Fifth Amendment. Read the amicus brief EFF filed in the Andrews case: https://www.eff.org/document/effaclu-amicus-us-v-andrews WHO: EFF Senior Staff Attorney Andrew Crocker WHAT: New Jersey v. Andrews WHERE: Supreme Court of New Jersey 25 Market St. Trenton, NJ 08611 The argument will also be live-streamed. WHEN: Tuesday January 21 1 pm

Link:

https://www.eff.org/press/releases/tuesday-hearing-eff-argues-new-jersey-supreme-court-defendant-cant-be-forced-turn

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Authors:

Karen Gullo

Date tagged:

01/17/2020, 13:18

Date published:

01/17/2020, 12:53