EFF: Media Alert: EFF Argues Against Forced Unlocking of Phone in Indiana Supreme Court
Media Alert: EFF Argues Against Forced Unlocking of Phone in Indiana Supreme Court Justices to Consider Fifth Amendment Right Against Self-Incrimination Wabash, IN—At 10 a.m. on Thursday, April 18, the Electronic Frontier Foundation (EFF) will argue to the Indiana Supreme Court that police cannot force a criminal suspect to turn over a passcode or otherwise decrypt her cell phone. The case is Katelin Seo v. State of Indiana. The Fifth Amendment of the Constitution states that people cannot be forced to incriminate themselves, and it’s well settled that this privilege against self-incrimination covers compelled “testimonial” communications, including physical acts. However, courts have split over how to apply the Fifth Amendment to compelled decryption of encrypted devices. Along with the ACLU, EFF responded to an open invitation from the Indiana Supreme Court to file an amicus brief in this important case. In Thursday’s hearing, EFF Senior Staff Attorney Andrew Crocker will...