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Trenton, New JerseyOn Tuesday, January 21, at 1 pm, EFF Senior Staff Attorney Andrew Crocker will ask the New Jersey Supreme Court to rule that the state cant force a defendant to turn over the passcode for his encrypted iPhone under the Fifth Amendment, which protects Americans rights against self-incrimination.

The Fifth Amendment states that people cannot be forced to incriminate themselves, and its 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.

EFF, ACLU, and ACLU of New Jersey filed a brief in the case State v. Andrews arguing that the state cant compel a suspect to recall and use information that exists only in his memory to aid law enforcements prosecution of him.

At Tuesdays hearing, Crocker will tell the court that reciting, writing, typing or otherwise reproducing a password from memory is testimony protected by the Fifth Amendment.

Read theamicus brief EFF filed in the Andrews case:https://www.eff.org/document/effaclu-amicus-us-v-andrews

WHO: EFF Senior Staff Attorney Andrew Crocker

WHAT: New Jersey v. Andrews

WHERE:Supreme Court of New Jersey 25 Market St.Trenton, NJ 08611The argument will also be live-streamed.

WHEN:TuesdayJanuary 211 pm

See the original post here:
Tuesday Hearing: EFF Argues in New Jersey Supreme Court That Defendant Can't Be Forced to Turn Over Password to Encrypted iPhone - EFF