EPIC to Argue in Court Fifth Amendment Protects Cell Phone Passcodes

January 21, 2020

EPIC will present argument today in State v. Andrews, a New Jersey Supreme Court case about the compelled disclosure of a cell phone passcode. In its amicus brief, EPIC argued that the Fifth Amendment limits the ability of the government to obtain cellphone passcodes. Citing Riley v. California and Carpenter v. United States, EPIC said the U.S. Supreme Court has held that the vast troves of personal data stored in cell phones "justifies strong constitutional protections." EPIC also explained that limited exceptions to Fifth Amendment safeguards were adopted before personal information was "consolidated in one place." EPIC routinely files amicus briefs arguing that constitutional protections should keep pace with advances in technology. EPIC filed amicus briefs in Carpenter and Riley, which both involved the searches of cellphones. The Supreme Court cited EPIC's amicus brief in the Riley opinion.

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