Police push legal borders to enter mobile phones



[ad_1]

William Montanez is used to being stopped by police in Tampa, Florida, for minor traffic and marijuana offenses; it happened more than a dozen times. When they arrested him last June, he did not try to hide his pot, saying to the officers: "Yes, I smoke, there is a seal in the center console, you go m & # To stop for that? "

They arrested him, not only for marijuana, but also for two small bottles containing THC oil – a crime – and for having a gun while perpetrating this crime (they found a handgun in the glove box).

Then things went bad.

While confiscating his two iPhones, a text message appeared on the locked screen of one of them: "OMG, did they find it?" Montanez suspected the police to try to look for evidence of illegal activities. He also did not want them to see more personal things, including intimate photos of his girlfriend. So he refused and was incarcerated for drug and firearms charges.

William MontanezCourtesy of William Montanez

Five days later, when Montanez was released on bail, a representative from the Hillsborough County Sheriff's Office found him, handed him the warrants and asked for the phone codes. Once again, Montanez refused. Prosecutors addressed a judge, who ordered that he be re-imprisoned for contempt of court.

"I had the impression that they were raping me. They can not do that, "said 25-year-old Montanez recently. "F — all of you, I did not do anything wrong, they wanted to pick up the phone for what?"

He paid a high price, spending 44 days behind bars before the THC and the gun charges were dropped, the contempt order was dismissed and he pleaded guilty to one charge of pottery crime. And yet, he regrets nothing, because he now sees his challenge as a stand against the violation of his rights.

"The world should know that what they are doing here is crazy," said Montanez. The police never put his phones.

Although few people would choose prison, Montanez's decision reflects growing resistance to the power of law enforcement to scrutinize the digital lives of Americans. The main portals of this activity are cell phones, protected by encryption prying eyes, the only way to enter is the pass codes.

While police are now systematically seeking access to people's cell phones, privacy advocates are seeing a dangerous erosion of Americans' rights as courts strive to keep up.

"It's getting harder and harder to get away from the police who use technology that did not exist before," said Riana Pfefferkorn, assistant director of surveillance and cyber security at Stanford Law's Center for Internet and Society. School. "And now we are about to try to go back and stem the tide."

The courts have determined that the police needed a warrant to search a cell phone, but the question of whether the police can force someone to share an authentication code is far from the truth. to be resolved, without law in force and without a mosaic of divergent judicial decisions. Last month, the Supreme Court of Indiana heard arguments on the issue. The Supreme Courts of Pennsylvania and New Jersey consider similar cases.

As this legal battle progresses, the police continue to search for new ways to encroach on mobile phones if the owners do not cooperate – or seek help from technology companies that can do it for them. . This has put them at odds with cell phone manufacturers, who are constantly updating their products to make them more difficult for hackers or anyone else to access.

But hacking techniques are flawed and expensive, and not all law enforcement agencies have them. This is why the authorities say that convincing suspects to unlock their cell phones is essential to police work. Making tactics more difficult, they say, would incline justice for criminals.

"This would have an extremely deterrent effect on our ability to conduct a thorough investigation and to engage in many other cases, including violent offenses," said Hillar Moore, attorney in East Baton Rouge, Louisiana, who obtained the # 39; FBI help to pierce a cell phone. belonging to a suspect in a hazing ritual of the murderous fraternity of Louisiana State University. "That would essentially shut the door."

Code conflicts

In the part of Florida where Montanez lives, the authorities are guided by a case involving a picture under the skirt.

In July 2014, a young mother doing her shopping at a Target store in Sarasota noticed that a man was photographing her with her phone while he was squatting on the floor. She confronted him. He ran away. Two days later, police arrested Aaron Stahl and charged him with video voyeurism.

The authorities obtained a search warrant for Stahl's iPhone, but he would not have given them the authentication code, citing the right of his Fifth Amendment not to incriminate himself. A trial judge ruled in his favor, but a state appeal court overturned this decision in December 2016, stating that Stahl had to provide the code. Facing the possibility of being sentenced to trial and sentenced to imprisonment, Stahl has agreed to plead no challenge in exchange for probation.

Although Stahl ultimately failed to provide the access code, prosecutors still rely on the precedent set by the appeal decision to compel others to hand in their code of custody. Access under the threat of a prison term.

"Until then, you could be a pedophile or pedophile and bear the fruits of your crime in front of law enforcement officials, prosecutors and judges and taunt the fact that they could not get the access code, "said Cynthia Meiners. , who sued Stahl at the prosecutor's office of the 12th Judicial Circuit. "You could say," I am a pedophotographer and that is on my phone, but I do not give you my authentication code because I would incriminate myself. "

[ad_2]

Source link