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Police Can FORCE You to Unlock Your Phone. But There's a Catch...
NSW already has laws that can force a person to help police unlock a phone. The proposed changes would expand when those orders can be made.
But some of the reporting has blurred together a roadside stop, the lawful seizure of a phone, a judicial order, Cellebrite and a ten-year prison sentence. That is not what the bill says.
I’m James Glissan. I used to be a police officer and prosecutor. I now practise criminal defence.
In this video, I explain how Digital Evidence Access Orders actually work, why “no search warrant” does not mean “no judge”, the real maximum penalty for refusing to comply, and what forensic tools such as Cellebrite can and cannot recover from a seized phone.
That includes deleted material, encrypted messages and information stored beneath the apps you see on the screen.
The reporting exaggerates parts of this proposal. That does not mean the actual power is harmless. A phone extraction can capture intimate information, privileged communications and data belonging to people who are not suspected of any offence. Returning the handset does not delete the extracted copy.
This video is general information, not legal advice.
Chapters:
00:00 The Claim vs the Actual Bill
01:00 How the Unlock Order Actually Works
04:04 The 7-Year Penalty: What It Really Means
05:39 What Cellebrite Can and Can’t Pull
07:44 Deleted Texts and Encryption Myths
09:04 The Real Privacy Problem
If this helped you understand the system before you need it, subscribe.
Which concerns you more: the seven-year maximum, or the fact that an extracted copy can remain after the phone is returned?
#Cellebrite #PolicePowers #NSW #AustralianLaw #DigitalPrivacy
