03/21/2017
The latest issues in privacy under the Fourth and Fifth Amendment of the US Constitution is encryption. Your data is your data and the government and private entities will attempt to take your data for it's own use. One of the most serious ways this may affect you in when the government seeks to use your data to convict you of a crime. Below is one such instance.
Case in point: https://arstechnica.com/tech-policy/2017/03/man-jailed-indefinitely-for-refusing-to-decrypt-hard-drives-loses-appeal/
Right now, Francis Rawls is being prosecuted for possession of child po*******hy, and he is being held indefinitely for not complying with a court order forcing him to unlock his encrypted hard drive. Rawls claims that his right against self incrimination extends to his hard drive, in that opening up his affects would incriminate him. Normally, there would not be much that would stop the government from coming into one's life and taking what they had probable cause for. This encryption is a true barrier to the government.
California has similar rules about cell phone privacy based upon Supreme Court precedent in recent years. The California Electronic Communications Privacy Act requires a warrant for all digital records: personal emails, texts, photos and a users’ physical location. And of course this is different from someone not physically complying with a subpoena from the court or an order. But it highlights the issues ahead and should make you aware that you should always refuse a warrantless search and consult with an attorney if you receive a subpoena or a warrant.
It is not the most palatable thing to defend a person who possesses child po*******hy, but they are entitled to counsel and to raise defenses just like everyone else. To argue against one's right to not incriminate themselves is to cast our society and your rights onto a very slippery slope. Sometime something could be used to get you in trouble with the law, even when you do not intend to violate the law. It is therefore vital that you protect your data and allow your defense attorneys to fight for you and extend your Fifth Amendment right against self incrimination to your electronics.
“Our client has now been in custody for almost 18 months,” defense attorney says.