Phone Passcodes Fall Under Fifth Amendment Protection
Law enforcement cannot force suspects to reveal the passcodes that protect their phones, according to a federal judge. The ruling was part of a case against former Citi employees accused of insider trading. The Securities and Exchange Commission believes proof of the insider trading details exists on the employees' smartphones. The employees refused to hand over their passwords to unlock the phones. U.S. District Judge Mark Kearney of Pennsylvania said the SEC's argument, that documents might be stored on the smartphones, does not compel the defendants to turn over their passwords. "We find, as the SEC is not seeking business records but Defendants' personal thought processes, Defendants may properly invoke their Fifth Amendment right" against self-incrimination. The ruling is the latest in myriad cases concerning the legality of data — and the accessibility thereof — that may or may not be stored on peoples' smartphones.
Mar 15, 2018
The CLOUD Act would give law enforcement both at home and abroad new access to Americans' personal data in violation of the Fourth Amendment, according to the Electronic Frontier Foundation. The CLOUD Act (H.R.
Nov 29, 2017
The Supreme Court today heard a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. Government agencies do not currently need a warrant when requesting location and other data held by phone companies thanks to a 1979 court case.
Jun 5, 2017
The Supreme Court today said it will hear a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. As it stands today, the government does not need to get a warrant when seeking location and other information held by phone companies.
Aug 15, 2017
Apple and a handful of technology companies are asking the Supreme Court to carefully consider the potential adverse outcomes if law enforcement is given warrantless access to personal information, such as location data. The companies filed a brief with the Supreme Court, which will soon hear a case about how law enforcement gleaned a suspect's location by taking the data from a third party without a warrant.