Another Florida Appeals Court Says Compelled Passcode Production Violates The Fifth Amendment

Another Florida Appeals Court Says Compelled Passcode Production Violates The Fifth Amendment

3 years ago
Anonymous $rxtAWepgzY

https://www.techdirt.com/articles/20200830/11542145212/another-florida-appeals-court-says-compelled-passcode-production-violates-fifth-amendment.shtml

Things are getting pretty unsettled in Florida in terms of compelling the production of phone passcodes. Less than a half-decade ago, refusing to produce passwords netted people contempt charges. As these cases moved forward through the court system, the legal calculus changed. As it stands now, state appeals courts in two Florida districts have found that forcing people to give up passcodes violates the Fifth Amendment. But there's still some settling left to do and the First District has asked the state's top court to take a look at the issue.

The latest development comes from Florida's Fifth District, where another state appeals court has reached the same conclusion as the others: passcodes are testimonial, and forcing people to turn them over implicates the Fifth Amendment. (via FourthAmendment.com)