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Windows 7: Judge says defendant must decrypt files, Fifth Amendment not at issue


24 Jan 2012   #1

Windows 7 Ultimate SP1 (64 bit), Windows XP SP3, Linux Mint 17 MATE (64 bit)
 
 
Judge says defendant must decrypt files, Fifth Amendment not at issue

Quote:
Summary: A federal case that may have helped define constitutional law in the digital age turns not on the defendant’s rights in regard to her encryption password, but on the fact that evidence clearly showed she owned a laptop in question and had access to its contents.
ZDNet
Judge says defendant must decrypt files, Fifth Amendment not at issue | ZDNet

Earlier story - Passwords tangled in Fifth Amendment
Passwords tangled in Fifth Amendment | ZDNet

I wonder if this will apply to business?

My System SpecsSystem Spec
.

24 Jan 2012   #2

win 7 X64 Ultimate SP1
 
 
Question

That brings the question, What is the use to encrypt? I mean Joe Blow might not be able to read it. But if big brother wants to you have to provide the info. Sheesh!
My System SpecsSystem Spec
24 Jan 2012   #3

Windows 7 x64 SP1
 
 

Quote   Quote: Originally Posted by HammerHead View Post
That brings the question, What is the use to encrypt? I mean Joe Blow might not be able to read it. But if big brother wants to you have to provide the info. Sheesh!
I think there is a big difference between hiding your personal information from 'the-rest-of-the-world' and the law enforcement authorities. Perhaps, since it seems that about 25% of the users in many countries are downloading illegally (filesharing unpaid-for content that is), they have something to hide but the LEA's are not really interested in them. The USA seems to be going the way of the UK and many other European countries in regard to encrypted devices in demanding the unencrypted data although many commenters seem to think this will be overturned on appeal. Presumably people will come up with other methods to conceal their data from prying eyes - solutions always do seem to appear when problems occur.

My System SpecsSystem Spec
.


10 Feb 2012   #4

Windows 7 Ultimate SP1 (64 bit), Windows XP SP3, Linux Mint 17 MATE (64 bit)
 
 
Update

Quote:
Summary: A woman who argued that providing a password to authorities was a violation of her Fifth Amendment rights has filed an appeal in her case and is now also citing the Fourth Amendment.
ZDNet
Woman who pleaded Fifth in password case now citing Fourth | ZDNet
My System SpecsSystem Spec
11 Feb 2012   #5

Windows 8.1 Pro w/Media Center 64bit, Windows 7 HP 64bit
 
 

Judge Blackburn ruled the 5th Amendment (self incrimination) did not apply to her case for this one reason.

Quote:
Blackburn also noted that the defendant had been granted immunity and that federal prosecutors would not use her act of producing the laptop’s contents in the case against her.
I think that was the key to his ruling.

Jim
My System SpecsSystem Spec
04 Mar 2012   #6

Microsoft Community Contributor Award Recipient

Windows 7 Home Premium x64 SP1
 
 

Constitutional showdown voided: Feds decrypt laptop without defendant’s help

Quote:
Colorado federal authorities have decrypted a laptop seized from a bank-fraud defendant, mooting a judge’s order that the defendant unlock the hard drive so the government could use its contents as evidence against her.

The development ends a contentious legal showdown over whether forcing a defendant to decrypt a laptop is a breach of the Fifth Amendment right against compelled self incrimination.
Source

A Guy
My System SpecsSystem Spec
04 Mar 2012   #7

Windows 7 Ultimate 64-bit
 
 

Quote   Quote: Originally Posted by Phone Man View Post
Judge Blackburn ruled the 5th Amendment (self incrimination) did not apply to her case for this one reason.

Quote:
Blackburn also noted that the defendant had been granted immunity and that federal prosecutors would not use her act of producing the laptop’s contents in the case against her.
I think that was the key to his ruling.

Jim
What if they choose to use the information to convict a loved one?
Do they have the right?
(Just a question to create a question mark, no answer needed)
My System SpecsSystem Spec
04 Mar 2012   #8

Windows 7 Ultimate x64
 
 

Password? I don't remember any passwords. The stress has made me forget it.
My System SpecsSystem Spec
04 Mar 2012   #9

W7x64 Pro, SuSe 12.1/** W7 x64 Pro, XP MCE
 
 

I'm not certain about the analogy in the article, comparing it to forcing a person to unlock a safe, because I don't know how the law stands on it. It would seem to me that a person could not be "forced" to unlock either, except in terms of being given jail time. Therefore, it would come down to whether the amount of time for contempt of court is greater or lesser than the time likely to be given, if found guilty of fraud. And from a criminal perspective if the content of the laptop contains info that could track the money involved, allowing it to be recovered, that would also enter the equation. One way or another, a criminal must pay for their crime.
My System SpecsSystem Spec
04 Mar 2012   #10

Windows 8 64 bit PRO
 
 

The way i view this is, once you start taking away freedoms or rights to the bad guys, you can de damn sure your freedoms and rights are pretty much also out the window.
My System SpecsSystem Spec
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 Judge says defendant must decrypt files, Fifth Amendment not at issue




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