Sources: Wired, Fox News
quote: It is not really illegal per say. If you are held in contempt for a reason they can hold you until you are no longer in contempt. Say you keep disrupting the court proceeding, the judge can send you back to lock up and bring you back the next day. If you keep doing it your case will not get anywhere and you spend most of your time in county.
quote: I'm not saying I agree with it I am just saying how it currently is. I would hate for child porn people to be able to get away with it just because of bitlocker =(
quote: That, too, is illegal. They can't incarcerate you indefinitely until you give them what they want, they would have to levy multiple contempt orders against you
quote: I disagree, it is different, because a lock combination is protected under the 5th amendment, as ruled by the Supreme Court.
quote: , if someone gives up their encryption key, they are admitting "ownership" of the encrypted (and potentially illegal) contents. The admission then could be used against them.
quote: they can't prove there's another key.
quote: Except they can't. It will take decades to do so--far more than the statute of limitations might allow since this is not a capital crime.
quote: This really smacks of the government being lazy.
quote: The debate, then, is about which pre-decided scenario this new situation fits into. Is a computer password like a key to a lockbox, as the government argues? Or is it akin to a combination to a safe, as Fricosu's attorneys say?While the key is a physical thing and not protected by the Fifth Amendment, the Supreme Court has said, a combination — as the "expression of the contents of an individual's mind" — is.
quote: I'm normally all for privacy, but in a situation like this, where there is probable cause to believe she commited a crime, if a judge orders the person to give up the password, I am all for it. Otherwise this becomes a massive hole criminals can hide in. Of course almost all criminals will simply "forget" the password.
quote: I'm normally all for privacy, but in a situation like this, where there is probable cause to believe she commited a crime, if a judge orders the person to give up the password, I am all for it. Otherwise this becomes a massive hole criminals can hide in.
quote: if a judge orders the person to give up the password, I am all for it.