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

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?

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.

ZDNet
Woman who pleaded Fifth in password case now citing Fourth | ZDNet

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

I think that was the key to his ruling.

Jim

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

Source

A Guy

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)

Password? I don't remember any passwords. The stress has made me forget it.

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.

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.