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A man sent to prison in 2015 is still doing time because he refuses to decrypt a hard drive that was found in his home during a child abuse investigation: Francis Rawls claimed he forgot the password of the encrypted Apple FileVault system, entering three incorrect passwords when questioned by investigators. While Rawls’ team has continued to file appeals, legislation dictates that US citizens must aide any law enforcement investigation.
The suspect appealed the indefinite prison sentence twice, but both appeals failed. His lawyers tried to argue that holding him breaches his Fifth Amendment right to not incriminate himself, but appeal judges did not see it that way. Judges pointed out that the Fifth Amendment only applies to witnesses and that the prosecutors didn't call him as a witness but only made a request for him to unlock his device, hence Fifth Amendment protections did not apply.
The suspect appealed the indefinite prison sentence twice, but both appeals failed. His lawyers tried to argue that holding him breaches his Fifth Amendment right to not incriminate himself, but appeal judges did not see it that way. Judges pointed out that the Fifth Amendment only applies to witnesses and that the prosecutors didn't call him as a witness but only made a request for him to unlock his device, hence Fifth Amendment protections did not apply.