Man jailed until he unlocks encrypted hard drives in child abuse images case – The Guardian
The suspect has refused to comply with a court order to unlock two encrypted hard drives. Photograph: Focke Strangmann/EPA
A former Philadelphia police officer who has spent 17 months in jail will remain there indefinitely unless he agrees to unlock two encrypted hard drives. The suspect, Francis Rawls, has so far refused to comply with the court order, citing the fifth amendment, which protects him from self-incrimination.
The case has become a battleground for civil liberties campaigners, who believe that citizens should have the right to protect their critical information and to be protected from self-incrimination. However, the suspected nature of the encrypted content makes for a challenging ethical quandary: those hard drives are believed to contain images depicting child sexual abuse. In order to stand up for the rights of citizens across the US, organizations such as the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) must defend a suspected pedophile.
According to court documents obtained by Ars Technica, the case started in 2015, when the Delaware County criminal investigations unit got a warrant to search Rawls home after investigating his online activity. Officers seized two iPhones, an Apple Mac Pro and two external hard drives and got a warrant to examine their contents. Rawls refused to give up the passwords required to decrypt the hard drives, which were encrypted with Apples FileVault software.
That didnt stop digital forensics experts from finding incriminating content, including an image of a pubescent girl in a sexually provocative position and logs showing the device had been used to visit sites with titles commonly used in child exploitation. The forensic investigation also revealed that Rawls had downloaded thousands of files known by their hash values to be child abuse images, although the files themselves couldnt be accessed. The suspects sister also told police that she had seen hundreds of images of child sexual abuse on the hard drives.
In August 2015, a court issued a decryption order, compelling the suspect to unlock the encrypted devices. He unlocked one of the iPhones, but said he could not remember the passwords to the encrypted hard drives an assertion the court rejected based on testimony from his sister, who said she had seen him enter his passwords from memory. In September, a district court held the suspect in contempt of court for refusing to comply with the decryption order. On Monday, the third US circuit court of appeals upheld the decision.
Rawls remains imprisoned without charges (for much of the time in solitary confinement) in Philadelphias federal detention center until he complies with the court order.
Theoretically, he could be held in jail for contempt forever ... until hes dead, said Dan Terzian, a lawyer from Duane Morris.
Given the powerful evidence here that the defendant knows the passwords, he holds the key to his own cell. It is his own refusal to provide the evidence covered by the search warrant that is keeping him there, added Adam Klein, a senior fellow at the Center for a New American Security.
In ruling against Rawls, the court of appeals has decided that his constitutional rights against being forced to self-incriminate are not being breached. This is because of an exception to the fifth amendment known as a foregone conclusion, which is when authorities already know something exists in this case, police say they know there are child abuse images on the hard drives because they have a witness who saw the files (Rawls sister). The EFF and ACLU argued in an amicus brief that they did not believe the government could demonstrate with reasonable particularity that it knew the documents existed.
Why dont they go to trial without the files allegedly stored on the encrypted devices? It comes down to reasonable doubt.
The government wants every piece of evidence they can get to show the jurors what a disgusting person the defendant is, said Terzian, who has previously attended a trial where no actual images were presented as evidence in a case addressing child abuse images.
Witnesses said he was searching for it, but he was found not guilty because the defence convincingly argued that if there was child porn, the government would have shown it, he said.
There is also the issue of identifying child victims of sexual abuse and their attackers.
In her essay on the topic, published in January, the Brookings Institution fellow Susan Hennessy explained the immediate and real problem:
Whereas with respect to terrorism cases we often end up hypothesizing how law enforcement and policy makers will respond to the next big attack, in the child exploitation context the next attack is happening literally every day.
Children as young as infants and toddlers are raped or otherwise abused on camera; those images are routinely shared among a community of offenders; and those offenders deploy technologies that make it difficult or impossible to discover the perpetrators, prosecute their crimes, or identify and rescue victims.
Hennessy proposes that instead of forcing technology companies to create backdoors for law enforcement, lawful hacking in which the government exploits vulnerabilities in encrypted systems and regulation should be more broadly applied.
The suspects attorney, Keith Donoghue, a public defender, said he was disappointed in the ruling and was studying the decision to determine the next course of action.
The fact remains that the government has not brought charges. Our client has now been in custody for 18 months based on his assertion of his fifth amendment rights against self-incrimination, he said.
Link:
Man jailed until he unlocks encrypted hard drives in child abuse images case - The Guardian
- Actions of federal government are upending the due process of the Fifth Amendment [letter] - LancasterOnline - August 24th, 2025 [August 24th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - InsideNoVa.com - August 1st, 2025 [August 1st, 2025]
- Biden officials are hiding behind Fifth Amendment to avoid incrimination, congressman says - MSN - July 24th, 2025 [July 24th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Rural Radio Network - July 24th, 2025 [July 24th, 2025]
- Third Biden aide invokes Fifth Amendment in House probe of former president's cognitive decline - alphanews.org - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KOKH - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPEC - July 22nd, 2025 [July 22nd, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Good Morning America - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - AOL.com - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - Fox News - July 20th, 2025 [July 20th, 2025]
- Biden aides look to Fifth Amendment as autopen probe widens - The Washington Post - July 20th, 2025 [July 20th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - The Center Square - July 20th, 2025 [July 20th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - MSN - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - themercury.com - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - Purdue Exponent - July 20th, 2025 [July 20th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPDE - July 20th, 2025 [July 20th, 2025]
- Biden doctor Kevin OConnor invokes Fifth Amendment when asked if he lied about ex-prezs health - MSN - July 20th, 2025 [July 20th, 2025]
- Third Biden witness invokes Fifth Amendment during House deposition - Iosco County News Herald - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - WV News - July 20th, 2025 [July 20th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - MSN - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Purdue Exponent - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KFOX - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WOAI - July 18th, 2025 [July 18th, 2025]
- Fmr. Jill Biden aide pleads the fifth amendment - LiveNOW from FOX - July 18th, 2025 [July 18th, 2025]
- Second Biden official invokes the Fifth Amendment during House deposition - Read Lion - July 18th, 2025 [July 18th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Citizen Tribune - July 18th, 2025 [July 18th, 2025]
- Trumps history with the Fifth Amendment still isnt doing his allies any favors - MSNBC News - July 16th, 2025 [July 16th, 2025]
- Requiring man to unlock phone with fingerprint violated Fifth Amendment, court says - Oswego County News Now - July 16th, 2025 [July 16th, 2025]
- Former White House Physician Pleads the Fifth Amendment at House Hearing - The Presidential Prayer Team - July 12th, 2025 [July 12th, 2025]
- Maddow Blog | Trumps history with the Fifth Amendment still isnt doing his allies any favors - Yahoo News - July 12th, 2025 [July 12th, 2025]
- Broadcaster and commentator Josh Bernstein criticises a former White House doctor who treated former US President Joe Biden, after the doctor invoked... - July 12th, 2025 [July 12th, 2025]
- Alert: Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Connecticut Post - July 10th, 2025 [July 10th, 2025]
- Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Yahoo - July 10th, 2025 [July 10th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - The New Republic - May 11th, 2025 [May 11th, 2025]
- 'Turtleboy' blogger invokes Fifth Amendment in connection with Karen Read case - WCVB - April 18th, 2025 [April 18th, 2025]
- Woman accused of performing illegal abortions invokes Fifth Amendment right, posts bond - KHOU.com - March 28th, 2025 [March 28th, 2025]
- Are Your BYOD Policies Fifth Amendment-Ready? The Growing Tension Between Biometrics & Individual Rights - Corporate Compliance Insights - March 13th, 2025 [March 13th, 2025]
- Patel Invoked the Fifth Amendment in a Case Tied to Trump - The New York Times - February 5th, 2025 [February 5th, 2025]
- Trump says he took the Fifth Amendment in NY investigation - Central Oregon Daily - February 5th, 2025 [February 5th, 2025]
- Travis Kelce avoids answering the most compromising question about Taylor Swift and pleads the fifth amendment - Marca English - February 5th, 2025 [February 5th, 2025]
- Do presidential pardons remove the Fifth Amendment rights of recipients? - National Constitution Center - January 26th, 2025 [January 26th, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - MSN - January 22nd, 2025 [January 22nd, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - Washington Examiner - January 22nd, 2025 [January 22nd, 2025]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- President Muizzu ratifies the fifth amendment to the Criminal Procedure Act - The Edition - December 18th, 2024 [December 18th, 2024]
- Doctor accused of abusing Indiana University athletes repeatedly invokes Fifth Amendment in deposition - NBC News - December 16th, 2024 [December 16th, 2024]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - The Herald-Times - December 16th, 2024 [December 16th, 2024]
- The Constitution: The Twenty-Fifth Amendment - Houston Public Media - November 28th, 2024 [November 28th, 2024]
- Karen Read accused of weaponizing Fifth Amendment by seeking to delay civil trial - CBS Boston - October 31st, 2024 [October 31st, 2024]
- Mother and grandmother of Willacy County murder victim invoke Fifth Amendment during trial - KRGV - August 20th, 2024 [August 20th, 2024]
- This Is What the Twenty-fifth Amendment Was Designed For - The New Yorker - July 4th, 2024 [July 4th, 2024]
- Young Thug trial: State witness held in contempt, taken into custody - The Atlanta Journal Constitution - June 12th, 2024 [June 12th, 2024]
- That's Not How Pleading The Fifth Works - Above the Law - June 12th, 2024 [June 12th, 2024]
- Why was Lil Woody arrested? Rapper invokes Fifth Amendment against self-incrimination to avoid testifying in Young ... - Sportskeeda - June 12th, 2024 [June 12th, 2024]
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 18th, 2024 [May 18th, 2024]
- How Democrats In Arizona Are Damaging The Fifth Amendment - The Daily Wire - May 1st, 2024 [May 1st, 2024]
- Social Media Platforms Have Property Rights Too - Reason - April 16th, 2024 [April 16th, 2024]
- Utah high court rules suspects don't have to provide police with phone passcodes - The Record from Recorded Future News - December 21st, 2023 [December 21st, 2023]
- Utah Supreme Court says accused don't have to share cellphone passwords with police - Salt Lake Tribune - December 21st, 2023 [December 21st, 2023]
- High court must uphold constitutional taking clause to protect ... - The Midwest Center for Investigative Reporting - November 9th, 2023 [November 9th, 2023]
- Jump Crypto chief pled Fifth over alleged backroom Do Kwon deal - Protos - November 9th, 2023 [November 9th, 2023]
- Donald Trump civil trial in Manhattan: Maybe he's not trying to win ... - Slate - November 9th, 2023 [November 9th, 2023]
- Commission weighs whether to discipline Illinois judge who ... - St. Louis Post-Dispatch - November 9th, 2023 [November 9th, 2023]
- Smith Sentenced To Probation In Break-In At Sheriff's Residence - wkdzradio.com - November 9th, 2023 [November 9th, 2023]
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so ... - Ballotpedia News - November 9th, 2023 [November 9th, 2023]
- Movie Review - Anatomy of a Fall | The-m-report | wboc.com - WBOC TV 16 - November 9th, 2023 [November 9th, 2023]
- Another Result Before It Happens: The Trump Civil Case In New York - Above the Law - November 9th, 2023 [November 9th, 2023]
- The inherent American rights involved during and after an arrest - FOX 29 - June 15th, 2023 [June 15th, 2023]
- She was killed walking home. Two men are now on trial for her ... - CBS 6 News Richmond WTVR - June 15th, 2023 [June 15th, 2023]
- Are Abortion Bans Takings? - Reason - June 15th, 2023 [June 15th, 2023]
- Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard - June 15th, 2023 [June 15th, 2023]
- Road project threatens preserved farmland | News | dailycourier.com - Front Page - June 15th, 2023 [June 15th, 2023]
- Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent - June 15th, 2023 [June 15th, 2023]
- "That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire - June 15th, 2023 [June 15th, 2023]
- There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate - June 15th, 2023 [June 15th, 2023]
- Left-wing Democrats Running Roughshod Over Constitutional ... - The New York Sun - June 15th, 2023 [June 15th, 2023]
- Tether SEC Action? USDT Selling Floods Liquidity Pools in Wake of ... - CCN.com - June 15th, 2023 [June 15th, 2023]
- Essential Education: Professor, attorney discuss importance of ... - LA Downtown News Online - June 4th, 2023 [June 4th, 2023]
- Inside The Murder Of Kristin Smart And How Her Killer Was Caught - All That's Interesting - June 4th, 2023 [June 4th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 27th, 2023 [May 27th, 2023]