Under a new law in Japan, it is a crime for a suspect held by the police to refuse to give them their cell phone password. The first person to be charged with the law is a foreigner.
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News in Japan
Main Story:
From the Japannews community on Reddit:
Under a new law in Japan, it is a crime for a suspect held by the police to refuse to give them their cell phone password. The first person to be charged with the law is a foreigner
https://www.reddit.com/r/japannews/s/rwfWzJYirZ
¨New law in Japan that makes it illegal to for a suspect not to give up their phone (most likely not password, but passcode) to their phone.¨
https://www.asahi.com/articles/ASVBV2526VBVUTIL01JM.html
• An overview of the law 「電磁的記録提供命令」 Denji-teki Kiroku Teikyou Meirei
• An overview of the specific case
• Analysis of why this is a deeply flawed law based on arguments including self-incrimination, invasion of privacy, only enforceable by state-sanctioned blackmail, etc.
• One reasoning the government probably makes is that not giving up your passcode is obstruction of justice. The Japanese system relies on heavy interrogation leading to confession and has been accused of being a “hostage justice” system in which people break after long periods of detention.
• Japan does have Article 38 of the constitution which protects against self-incrimination. Also:
◦ Inadmissible confessions: Confessions under torture, compulsion, torture, threat, etc.
◦ No sole confession. AKA corroboration rule.
◦ Right to silence warning – probably similar to US pleading the 5th.
