FileVault encryption at center of child-porn case


An unnamed Philadelphia police officer has been held in jail for seven months for contempt of court. The suspect was ordered to providing the passcode to unlock two hard drives. The drives are encrypted by Apple's FileVault system.


David Cravats for Ars Technica:

The government said Monday he should remain jailed indefinitely until he complies. The authorities also said that it's not a violation of the man's Fifth Amendment right against compelled self incrimination because it's a "foregone conclusion" that illegal porn is on the drives, and that he is only being asked to unlock the drives, not divulge their passcodes.

...

The suspect has not been charged with any child-porn related crimes. Yet he is imprisoned in Philadelphia's Federal Detention Center for refusing to decrypt two drives encrypted with Apple's FileVault software in a case that highlights the federal government's war on encryption.

Obviously an emotionally charged case, but still doesn't seem right. If his guilt is a forgone conclusion, then why won't they charge the suspect without accessing the data?