The horrific knife attack in Annecy last week raises a burning issue. In the effect, the attacker refused to give the French police the unlock code of his iPhone. Since the publication of the Supreme Court decision in November 2022, this refusal is a criminal offence.
More specifically, section 434-15-2 of the penal code. three years in prison and a fine of 270,000 euros. This includes all available unlocking systems, from simple code to facial recognition.
Refusing to give your code is a crime in France
This punishmentAnyone who knows of a secret contract used to decipher a cryptographic tool that is likely to have been used to prepare, facilitate or commit a crime or crime, refuses to hand over or enforce the said contract to judicial authorities upon request. and III. of these powers granted pursuant to titles”.
For long years, Many unlocking systems are available on our Android and iOS smartphoneswhether through a digital code, a pattern, a fingerprint reader or even facial recognition.
In the context of a police investigation, access to a defendant’s smartphone can give authorities access to overwhelming evidence. However, the security mechanisms of our current smartphones are encrypted and without the permission of the owner, It is very difficult to overcome them.
Controversial politics of tech giants
Now, Manufacturers like Apple or Google have always refused to unlock remotely. one of their devices. And that’s even in the context of a forensic investigation. For the two companies, this means installing backdoors to make it easier to circumvent unlocking systems. The two firms have always opposed this, arguing that it poses a security threat and privacy of user data.
In 2016, Apple refused to access the encrypted content of Syed Farook’s iPhone, one of the perpetrators of the San Bernadino murders. The federal agency then paid the hackers a million dollars to circumvent the Apple brand’s security systems.
Potential evidence not available
In the case that concerns us today, namely the Annecy striker, justice finds itself in a dead end once again. Defendant could face jail time and additional fines for refusing to transmit the unlock code for his iPhone. In spite of everything and as long as he remains silent, All possible evidence stored on your iPhone (SMS, browsing history, etc.) remains inaccessible to the authorities.
To sum up, this case once again raises the problematic question of the policy of tech giants that refuse to cooperate with the authorities under the guise of guaranteeing the security of their systems. So, what is your opinion on this sensitive subject? Let us know in the comments.