Colorado Woman Ordered to Decrypt Laptop in Bank Fraud Case
January 24, 2012 9:40 AM
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Colorado U.S. District Judge Robert Blackburn said the Fifth Amendment does not protect her from the order
A Colorado woman was told to decrypt her laptop in court on Monday in order to aid prosecutors in her bank fraud case.
Ramona Fricosu, the defendant who was accused of bank fraud in 2010, had her laptop seized by authorities during the investigation. However, authorities stumbled upon a big problem while attempting to search her hard drive --
it was encrypted
Full disk encryption, which prevents unauthorized access to data storage, is an option found in operating systems like Mac OS and Windows. The encryption can take decades to break, and if authorities tried to crack it, it could damage the computer.
That's why Colorado U.S. District Judge Robert Blackburn ordered that Fricosu decrypt her hard drive and return it to the court so prosecutors can use her files against her in the bank fraud case.
Fricosu used the Fifth Amendment to protect herself. She argued that the Fifth Amendment protects her from compelled self-incrimination, and that the judge's order violates this. However, Blackburn didn't agree.
"I conclude that the Fifth Amendment is not implicated by requiring production of unencrypted contents of the
Toshiba Satellite M305 laptop
computer," said Blackburn.
Assistant U.S. Attorney Patricia Davies backed Blackburn's order, saying that allowing encrypted content to defeat authorities would send the wrong message to other criminals. In her words exactly, it would be a "concession to her [Fricosu] and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible."
Blackburn has ordered Fricosu to return the
unencrypted hard drive
by February 21. Civil rights groups are keeping a close eye on the case.
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RE: Send the wrong message?
1/24/2012 1:44:42 PM
IANAL, but wouldn't the statute of limitations apply here as well? If they can't prove your guilt within X time, they MUST let you go (barring crimes already exempt from the statute).
RE: Send the wrong message?
1/25/2012 12:49:02 PM
Nope the statute of limitations would not apply because she has been charged, they just need more data. Contempt is a crime and so you can get stent back to jail until you comply. They cannot send you to the state prison they have to keep you local (close to the court house). The reason is they have to review it every so often. So as long as the judge does not dismiss the case it is your fault the case is not proceeding and not the states.
The statute of limitations has more to do with charging someone within a certain amount of time.
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