Judge Orders Defendant to Decrypt Laptop

[euby]

This will be interesting. Not sure how I feel about this one. Does the 5th Admendment cover your laptop?

Judge Orders Defendant to Decrypt Laptop | Threat Level | Wired.com

 

[nicajack]

Not a chance I would ever obey that unconstitutional crap. 5th all the way.

 

[mrjarrell]

Of course the 5th covers it. Regardless of what some robe bedecked Nazgul says. I'd refuse to do it. Especially if there were evidence on it. Let them get it out. It's not the defendants place to prove the prosecutions case.

 

[NYFelon]

Of course the 5th covers it. Regardless of what some robe bedecked Nazgul says. I'd refuse to do it. Especially if there were evidence on it. Let them get it out. It's not the defendants place to prove the prosecutions case.

this.

EDIT: The judge ordered her to produce a decrypted hard drive. I'd bring them one that was demagnetized. Can't have encrypted data if it's got no data.

 

[steveh_131]

I recommend truecrypt. Open source.

TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows 7/Vista/XP, Mac OS X and Linux

Provides plausible deniability, in case an adversary forces you to reveal the password:

Hidden volume (steganography) and hidden operating system.

 

[mike8170]

Way to go judge, just throw out the burden of proof on the state. I think the judge can get bent.

 

[eldirector]

Decrypt what, again? Nothing there but random 1's and 0's.

 

[euby]

I would argue that the 4th Amendment applies in this matter, just as squarely as the 5th.

Interesting ..... but doesn't that get throw out as soon as a judge issues a warrant and in this case orders it? Might be a good defense.

 

[Pinoykillaz]

What is 5th amendment anyway? just kidding

 

[jeremy]

I'd toss the Hard drive in a Microwave for a little bit then give it to them...

 

[jbombelli]

I forgot that password. Damn. But if I do finally remember it, I'll be sure to give it to you.

 

[John Galt]

Why not just a simple "No, I'm taking the 5th."?

 

[HICKMAN]

yeah, good luck getting that info from me.

 

[nate1865]

Why not just a simple "No, I'm taking the 5th."?

In the non-TV world, pleading the 5th only makes you look guilty. It's about convincing people in a room you're not guilty that counts.

 

[ZombieApocolypse]

In the non-TV world, pleading the 5th only makes you look guilty. It's about convincing people in a room you're not guilty that counts.

I remember (sort of) when one was innocent until PROVEN guilty .... oh how times change

 

[Alamo]

I think perhaps there is no 5th amendment defense because of this (last line of the article)"

The judge ordered Fricosu to surrender an unencrypted hard drive by Feb. 21. The judge added that the government is precluded “from using Ms. Fricosu’s act of production of the unencrypted hard drive against her in any prosecution.”

I haven't read the links to the order yet, but it appears the government may want the info to prosecute others, not her.

IIRC the government can also immunize you against prosecution and then legally force you to testify against others. If you don't, off to jail for contempt of court. This may be a similar situation.

 

[dross]

Hold it.

How is this covered by the fifth? If my paper files are ordered by a judge I have to surrender them, correct? I can't refuse to hand over evidence that might incriminate me, I can only refuse to make statements that incriminate me.

If I had my files locked in a vault that couldn't be breached, couldn't I be ordered to reveal the combination? How is this a violation of the Fifth Amendment?

 

[jedi]

I recommend truecrypt. Open source.

TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows 7/Vista/XP, Mac OS X and Linux

^This!!!

You have one password (for the world) and then a second password for the encryption "inside" the encryption! So you can be forced to give the generic password and no one but you will ever know that there is an "inside" one.

Use it and don't tell anyone.

----- that judge!

-Jedi

 

[jbombelli]

Hold it.

How is this covered by the fifth? If my paper files are ordered by a judge I have to surrender them, correct? I can't refuse to hand over evidence that might incriminate me, I can only refuse to make statements that incriminate me.

If I had my files locked in a vault that couldn't be breached, couldn't I be ordered to reveal the combination? How is this a violation of the Fifth Amendment?

But if they're written in Swahili, do you have to translate them too?

THAT is really what they're asking. They HAVE the data. They just can't figure out how to read it. Why should she be forced to help them to prosecute her?

 

[dross]

But if they're written in Swahili, do you have to translate them too?

THAT is really what they're asking. They HAVE the data. They just can't figure out how to read it. Why should she be forced to help them to prosecute her?

I definitely get your point. It's drawn pretty fine, but I get it. I think that's a reasonable argument.