EFF has joined the American Civil Liberties Union (ACLU) and the New Jersey-based Tarver Law Offices in 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.
In a petition filed in January of 2021, we asked the U.S. Supreme Court to hear Andrews v. New Jersey. In this case, a prosecutor obtained a court order requiring Mr. Robert Andrews to disclose passwords to two cell phones. Mr. Andrews fought the order, citing his Fifth Amendment privilege. Ultimately, the New Jersey State Supreme Court held that the privilege did not apply to the disclosure or use of the passwords.