The Fifth Amendment right against compelled self-incrimination would be breached if two insider trading suspects were forced to turn over the passcodes of their locked mobile phones to the Securities and Exchange Commission, a federal judge ruled Wednesday.
(credit: David Kravets)
“We find, as the SEC is not seeking business records but Defendants’ personal thought processes, Defendants may properly invoke their Fifth Amendment right,” US District Judge Mark Kearney of Pennsylvania wrote.
The decision comes amid a growing global debate about encryption and whether the tech sector should build backdoors into their wares to grant the authorities access to locked devices. Ars reported today that an Obama administration working group “considered four backdoors that tech companies could adopt to allow government investigators to decipher encrypted communications stored on phones of suspected terrorists or criminals.”
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