Feb 13, 2020 14:00:00

A man who has been refusing to provide a password to decrypt the hard disk for 4 years is released

Former police officer Francis Rawls, who lived

in Philadelphia , Pennsylvania, USA, refused to decrypt a hard disk suspected of storing child pornography and has been in jail for more than four years since 2015 Was. However, the Federal Circuit Court of Appeals ruled that Rawls was released on February 6, 2020.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 17-3205
(PDF file) https://assets.documentcloud.org/documents/6773013/Rawls-Case.pdf

Ex-Philadelphia cop freed after years without charges in child porn probe
https://www.inquirer.com/news/ex-philadelphia-police-sergeant-freed-child-porn-francis-rawls-20200208.html

Appeals Court Rules That People Can't Be Locked Up Indefinitely For Refusing To Decrypt Devices | Techdirt
https://www.techdirt.com/articles/20200210/14173343897/appeals-court-rules-that-people-cant-be-locked-up-indefinitely-refusing-to-decrypt-devices.shtml

Man who refused to decrypt hard drives is free after four years in jail | Ars Technica
https://arstechnica.com/tech-policy/2020/02/man-who-refused-to-decrypt-hard-drives-is-free-after-four-years-in-jail/

In 2015, law enforcement agencies searched Rawls's residence and seized two smartphones, a laptop, and two hard disks that appeared to contain child pornography. The prosecutor accessed the notebook PC and confirmed that Rawls downloaded child pornography and saved it on the hard disk, but since the essential hard disk where child pornography was stored was encrypted, law enforcement agencies Said that the downloaded file could not be accessed.

So the judge issued the

` ` All Writs Act '' and ordered Rawls to decrypt the hard disk, but Rawls asserted that `` I can not remember the password to decrypt '' and wrongly Obstructed investigators by entering their passwords. In response, law enforcement agencies have been imprisoning Rawls for more than four years since September 2015 for court insults for violating civil court orders.

However, Rawls appealed under Federal law that `` a court insult of witness for breaking a judge's order can in any case be imprisoned for up to 18 months in any case, '' he demanded to release himself. . At the time of writing, Rawls is not charged with child pornography, so Rawls claims that 'I am not a suspect in this case, but a witness.'

Government officials have taken the position that 'Rolls is not a witness or witness, but a suspect', arguing that the rule of imprisoning up to 18 months does not apply to Rawls. But Rawls argued that providing a password was a testimony, saying that providing the password itself could be proof that you own and control the hard disk. Was.

And on February 6, 2020, the Court of Appeals for the Federal Circuit ruled that `` Rolls is a substantial witness and can be imprisoned under federal law for up to 18 months, '' releasing Rolls. Commanded. As a result, on the night of February 6, Rawls was released from prison for more than four years.

Law enforcement agencies claim that even if they do not have access to child pornography files stored on their hard disks, they have the necessary evidence to prosecute Rawls. Prosecutors have provided sufficient evidence to convict Rawls from child pornographic images stored on smartphones and testimony from Rawls' sister, such as 'I saw hundreds of child pornographic images on an external hard disk.' Ars Technica said it could be put together.