This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/technology-38303977
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Florida court says iPhone passcode must be revealed | |
| (about 1 hour later) | |
| A court in Florida has said a suspected voyeur can be made to reveal his iPhone passcode to investigators. | A court in Florida has said a suspected voyeur can be made to reveal his iPhone passcode to investigators. |
| The defendant was arrested after a woman out shopping saw a man crouch down and aim what she believed was a smartphone under her skirt. | The defendant was arrested after a woman out shopping saw a man crouch down and aim what she believed was a smartphone under her skirt. |
| Previously, a judge said the defendant could not be made to reveal the code, citing constitutional protections. | Previously, a judge said the defendant could not be made to reveal the code, citing constitutional protections. |
| That decision has now been reversed by the Florida Court of Appeal's Second District. | That decision has now been reversed by the Florida Court of Appeal's Second District. |
| Store CCTV captured footage of a man crouched down, holding an illuminated device and moving it towards the victim's skirt, according to court documents published by news site Courthouse News. | Store CCTV captured footage of a man crouched down, holding an illuminated device and moving it towards the victim's skirt, according to court documents published by news site Courthouse News. |
| Aaron Stahl was identified by law enforcement officers who reviewed the footage, according to court documents. | Aaron Stahl was identified by law enforcement officers who reviewed the footage, according to court documents. |
| After his arrest, Mr Stahl initially agreed to allow officers to search his iPhone 5, which he told them was at his home. | After his arrest, Mr Stahl initially agreed to allow officers to search his iPhone 5, which he told them was at his home. |
| However, once it had been retrieved by police - but before he had revealed his passcode - he withdrew consent to the search. | However, once it had been retrieved by police - but before he had revealed his passcode - he withdrew consent to the search. |
| Fifth Amendment | Fifth Amendment |
| The trial court had decided that Mr Stahl could be protected by the Fifth Amendment, which is designed to prevent self-incrimination. | The trial court had decided that Mr Stahl could be protected by the Fifth Amendment, which is designed to prevent self-incrimination. |
| However, Judge Anthony Black's formal opinion to the court quashed the decision. | However, Judge Anthony Black's formal opinion to the court quashed the decision. |
| Judge Black referred to a famous Supreme Court case, Doe v US 1988, in which Justice John Paul Stevens wrote that a defendant could be made to surrender a key to a strongbox containing incriminating documents but they could not "be compelled to reveal the combination to his wall safe". | Judge Black referred to a famous Supreme Court case, Doe v US 1988, in which Justice John Paul Stevens wrote that a defendant could be made to surrender a key to a strongbox containing incriminating documents but they could not "be compelled to reveal the combination to his wall safe". |
| "We question whether identifying the key which will open the strongbox - such that the key is surrendered - is, in fact, distinct from telling an officer the combination," wrote Judge Black. | "We question whether identifying the key which will open the strongbox - such that the key is surrendered - is, in fact, distinct from telling an officer the combination," wrote Judge Black. |
| "More importantly, we question the continuing viability of any distinction as technology advances." | "More importantly, we question the continuing viability of any distinction as technology advances." |
| 'Got it wrong' | 'Got it wrong' |
| However, the decision was criticised by senior staff attorney, Mark Rumold, at the Electronic Frontier Foundation, a digital rights group. | However, the decision was criticised by senior staff attorney, Mark Rumold, at the Electronic Frontier Foundation, a digital rights group. |
| "I think they got it wrong," he told the BBC | "I think they got it wrong," he told the BBC |
| "This is not the first time this issue has come up in the courts and I think other courts have done a better job of evaluating the Fifth Amendment and the constitutional rights that are at stake." | "This is not the first time this issue has come up in the courts and I think other courts have done a better job of evaluating the Fifth Amendment and the constitutional rights that are at stake." |
| Mr Rumold said there were "sound constitutional reasons" to prevent the state compelling information from a defendant's mind. | Mr Rumold said there were "sound constitutional reasons" to prevent the state compelling information from a defendant's mind. |
| He added that there were a number of cases across the US in different courts tackling the issues around unlocking phones. | He added that there were a number of cases across the US in different courts tackling the issues around unlocking phones. |
| "It's something the Supreme Court will need to weigh in on eventually," he said. | "It's something the Supreme Court will need to weigh in on eventually," he said. |