- The American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF), along with New Jersey-based Tarver Law Offices, are urging the U.S. Supreme Court to ensure the Fifth Amendment protection against self-incrimination extends to the digital age by prohibiting law enforcement from forcing individuals to disclose their phone and computer passcodes.
The Pennsylvania Supreme Court issued a forceful opinion today holding that the Fifth Amendment to the U.S. Constitution protects individuals from being forced to disclose the passcode to their devices to the police.
The city responded by denying the request saying it would “frustrate a legitimate government function.” More specifically, officials cited the “deliberative process privilege,” which is a vague exemption public records experts in Hawaii say is often abused.
EPIC has appealed a federal district court decision for the release of a "Predictive Analytics Report." The district court backed the Department of Justice when the agency claimed the "presidential communications privilege." But neither the D.C. Circuit Court of Appeals nor the Supreme Court has ever permitted a federal agency to invoke that privilege in a FOIA case.
Sensitive Data Exposure is #3 in OWASP's top ten web application security risks. Key to securing sensitive data is limiting access to authorized users only. The design conundrum for better password hygiene is to increase security without increasing friction.