PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Is “I forget” a valid defense when court orders demand a smartphone password?

Posted on May 29, 2017June 25, 2025 by Dissent

David Kravets reports:

On May 30, two suspects accused of extorting the so-called “Queen of Snapchat” as part of a sex-tape scandal are scheduled to appear in a Florida court. But as wild as the premise sounds, primarily the accused need only to answer a simple question on this visit. Miami-Dade Circuit Judge Charles Johnson wants an explanation as to why Hencha Voigt and her then boyfriend, Wesley Victor, can’t remember the passcodes to their mobile phones.

If he doesn’t believe them or if they remain silent, the two suspects face possible contempt charges and indefinite jail time for refusing a court order to unlock their phones so prosecutors can examine text messages. Their defense to that order, however, rests on an unsettled area of law. Voigt and Victor maintain that a court order requiring them to unlock an encrypted device is a breach of the Fifth Amendment right to be free from compelled self-incrimination.

If things don’t go their way in court Tuesday, the duo certainly wouldn’t be the first ones ordered to prison for failing to abide by a judge’s decryption order. They likely won’t be the last ones, either.

Read more on Ars Technica.

No related posts.

Category: CourtSurveillanceU.S.

Post navigation

← The U.K. Pleads with Congress to Change an Outdated Privacy Law to Help Fight Terrorism
Judge Orders Gov’t To Stop Screwing Around And Hand Over Docs In Long-Running Surveillance Case →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Site Behind Major SSN Leak Returns With Detailed Data on Millions: How to Opt Out
  • Navigating Privacy Gaps and New Legal Requirements for Companies Processing Genetic Data
  • Germany’s top court holds that police can only use spyware to investigate serious crimes
  • Flightradar24 receives reprimand for violating aircraft data privacy rights
  • Nebraska Attorney General Sues GM and OnStar Over Alleged Privacy Violations
  • Federal Court Allows Privacy Related Claims to Proceed in a Proposed Class Action Lawsuit Against Motorola
  • Italian Garante Adopts Statement on Health Data and AI

RSS Recent Posts on DataBreaches.net

  • Site Behind Major SSN Leak Returns With Detailed Data on Millions: How to Opt Out
  • Russia Is Suspected to Be Behind Breach of Federal Court Filing System
  • NL: Hacked lab paid ransom: ‘Millions of euros demanded’
  • Updating: Two Telegram channels and two accounts banned, one bounty offered, and BreachForums goes down
  • North Korean Kimsuky Hackers Suffer Data Breach as Insiders Leak Information Online
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy