The refusal to communicate the unlocking code of a mobile phone can constitute an offence, judges the Court of Cassation. The action was called upon to rule on a drug trafficking case in which a court of appeal had acquitted a suspect who had refused to give the unlock code for his two telephones, despite the case law of the Court of Cassation.
The Court of Cassation declared on Monday, November 7, that refusing to communicate a mobile phone’s unlocking code might constitute an offense, given that this information was a “decryption key.” As a result, the case law of the criminal chamber from October 13, 2020, was affirmed by the instance.
According to a press release from the Court of Cassation, when a mobile phone was equipped with a “means of encryption,” the unlocking code for its home screen could constitute a “decryption key” if “the activation of this code has [had] the effect of clarifying the encrypted data that the device contains or to which it gives access.”
Its owner is so compelled to provide the unlocking code to investigators. If the suspect refuses, he or she commits the crime of “refusing to disclose a secret decryption agreement.” In the aforementioned drug trafficking case, the decision to release the suspect is therefore invalidated, and another court of appeal will retry the matter.
Recommendation
I recommend the following app to ensure your privacy because the law that has been issued is not quite clear on when they will invoke their right to get the unlock code.
As a result, I recommend that you use the following structure because I believe that data privacy should be a fundamental right.
Install the following two applications:
Wasted
Github: https://github.com/x13a/Wasted
F-Droid: https://f-droid.org/packages/me.lucky.wasted/
Google Play: https://play.google.com/store/apps/details?id=me.lucky.wasted
Duress
Github: https://github.com/x13a/Duress
F-Droid: https://f-droid.org/packages/me.lucky.duress/
Google Play: https://play.google.com/store/apps/details?id=me.lucky.duress
Duress must be installed in order for Wasted to function. Duress is an app that listens for a password on the lock screen. When discovered, it has the ability to send a broadcast message or wipe the device.
The abilities of the Wasted app are the following:
- trigger when a device has been unlocked for X minutes
- trigger hen a USB data connection is made while a device is locked, it sets off an alarm.
- trigger when a phony messenger app is launched
- trigger when a duress password is entered
In addition to the above you can use PanicKit (https://guardianproject.info/code/panickit/)
Source to original newspost: https://www.lemonde.fr/societe/article/2022/11/07/le-refus-de-communiquer-le-code-de-deverrouillage-d-un-telephone-portable-peut-constituer-un-delit-juge-la-cour-de-cassation_6148834_3224.html