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A absoluteness TV extra accused in an extortion case involving sex videos charge accord up her iPhone countersign to police, a Miami adjudicator disqualified on Wednesday.
In a case actuality carefully watched in acknowledged and tech circles, Miami-Dade Circuit Adjudicator Charles Johnson disqualified that Hencha Voigt, and a man answerable with actuality her accomplice, charge alleviate phones badge accept were acclimated in a artifice to blackmail a social-media celebrity.
He disqualified that unlocking their phones would not breach their built-in appropriate adjoin self-incrimination. “For me, this is like axis over a key to a safe-deposit box,” Johnson said.
Voigt and co-defendant Wesley Victor accept two weeks to adjudge whether to comply. If they refuse, they could be confined for antipathy of court.
The accommodation was the latest in the advancing struggles of the courts to adjudge how abundant admission law-enforcement can accept to smartphones, tablets and adamantine drives, abounding of them bound with adult encryption. Across the country, board accept breach about whether to force defendants to accessible cyberbanking devices. Florida’s Supreme Cloister has yet to counterbalance in on the issue.
“No catechism in my apperception that the U.S. Supreme Cloister will charge to adjudge the affair eventually. To me, it’s not so abundant a catechism of if, but when,” said Mark Rumold, a advocate with the Cyberbanking Frontier Foundation, which does not accede with the government banishment bodies to alleviate their phones.
The affair of encryption has additionally bound tech companies and fatigued affair from the accomplished levels of law enforcement.
Most notably, Apple aftermost year resisted the federal government’s attack to adjustment the aggregation to advice alleviate an iPhone endemic by the Islamic State-inspired apache who dead 14 bodies in San Bernardino, California. On Wednesday, FBI Director James Comey, testifying afore Congress, acclaimed that in the aboriginal six months of this budgetary year, agents encountered over 6,000 accessories for which they had administrative allotment to open.
“Forty-six percent of those cases we could not accessible those accessories with any technique,” Comey testified. “That agency bisected of the accessories that we appointment in agitation cases, in counterintelligence cases, in assemblage cases, in adolescent chicanery cases, cannot be opened with any technique.”
Voigt, 29, and Victor, 33, are answerable with extortion, cabal to blackmail and the actionable use of a phone.
In this case, Voigt and Victor are accused of aggressive to absolution sex videos baseborn from a buzz acceptance to a Miami socialite accepted as YesJulz. Prosecutors say the brace aftermost year accepted $18,000 from YesJulz, whose absolute name is Julieanne Goddard. The videos were about leaked to the internet afterwards their arrests.
YesJulz is a social-media star, affair apostle and online banker who has been dubbed the “Queen of Snapchat.”
YesJulz is a social-media star, affair apostle and online banker who has been congenital a common afterward by hobnobbing with rappers and athletes. She’s been dubbed the “Queen of Snapchat.”
She hailed Wednesday’s ruling, while acknowledging the built-in questions it raises.
“We charge to appraise the laws and acquisition a way to acclimatize to the agenda age afterwards compromising our rights as citizens,” YesJulz told the Miami Herald. “In my opinion, in this accurate case, it fabricated faculty for the cloister to aphorism for her to alleviate the phone.
“The abomination at duke is not a misdemeanor, it is a abomination and was a austere offense.”
Voigt, of Hollywood, is a self-described “fitness model” who has added than 193,000 followers on Instagram. Aftermost fall, she starred on E!’s “Miami WAGS,” a absoluteness appearance that followed the wives and girlfriends of sports celebrities.
Investigators accept Voigt may accept baseborn YesJulz’s buzz from a affair the two attended. Voigt and Victor, her boyfriend, were arrested calm on Miami Beach appropriate afterwards a flurry of argument letters were beatific from throwaway buzz to the victim ambitious the money.
After Voigt and Victor were jailed, prosecutors anchored a chase accreditation from a adjudicator to appraise four phones bedeviled during the arrest. Investigators were clumsy to admission an iPhone acceptance to Voigt, and a BlackBerry acceptance to Victor.
Prosecutor Michael Filteau, in gluttonous admission to the phones,. cited a December appeals cloister accommodation that accustomed badge in Sarasota to force a doubtable voyeur, allegedly bent at a capital aggravating to booty photos up women’s skirts, to accord up his iPhone canyon code. Johnson disqualified that he had no best but to chase the accommodation from Sarasota.
“That’s the law in Florida at this point,” said Johnson.
The aegis lawyers, Kertch Conze and Zeljka Bozanic, said they will analyze a accessible appeal.
“We were not afraid by the ruling,” Conze said. “But this is not a accommodation we accede with. We will allege to my applicant to see if she remembers the canyon cipher to activate with.”
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