Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Sextortion Suspect Refuses to Unlock iPhone: FBI Steps In

August 2, 2017

Ars Technica reported on July 29th that the FBI has inserted itself into an ongoing state case in Miami involving two suspects accused of sextorting Julieanna Goddard, a South Beach socialite who goes by YesJulz online. The accused sextortionists are reality-TV star Hencha Voigt and her then-boyfriend, Wesley Victor.

According to a recent court filing, the FBI offered to cover Florida's costs to pay Cellebrite, a well-known Israeli digital forensics firm, to extract data off of one of the suspects' iPhone 6. The Cellebrite effort was successful.

The case provides a clear look into the lengths that the federal government is willing to go to—even in local, non-terrorism cases—to aid local law enforcement's attempts to defeat strong encryption.

In the Miami case, evidence from the newly-unlocked iPhone "seem[s] to show Voigt and her then-boyfriend actively plotting to get $18,000 from a social-media celebrity known as YesJulz, in exchanging for not releasing the video clips to the Internet. 'We on some Bonnie Clyde shit I couldn't have choose a Better partner crime lol,' reads one text sent from Voigt's boyfriend's phone."

In another message, Voigt added in a warning to Wesley Victor: "Change all your passwords in your accs she doesn't try some slick shit to u."

The signed warrant and affidavit by a Miami detective outlines that, despite the fact that Voigt and her co-defendant were ordered back in May 2017 by a judge to provide passcodes for their seized iPhones, they have refused. Given that roadblock, Detective Sergio Campos asked Judge Alberto Milián on June 12th to sign off on sending the phone to Cellebrite's New Jersey facility. The judge did so on the same day.

The Miami case presented an issue that has yet to be fully resolved by courts nationwide: Can a person be compelled to give up a password to unlock or decrypt their seized devices, or does that violate the Fifth Amendment right protecting self-incrimination? There are conflicting decisions with no resolution in sight.

Thanks to Dave Ries for sending this story along. As Dave points out, the story underscores how tough it is to crack strong encryption – it takes the FBI/NSA/CIA and a lot of money to break it. Our tax dollars at work – and it seems to me the Fifth Amendment should apply. Past time for the Supreme Court to consider this issue.

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