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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Brute-force the PW?
1/24/2012 5:28:50 PM
It's been awhile since I've played with password hacking but couldn't a modern CPU brute-force the password in a week or less assuming the encryption software does not have an attempt limit? I had a college professor who stored all his answers in an Access database (I know, right) AND it was on the public network. I got curious one day, copied it and with the help of some software, brute-forced his 8-character password in less than an hour on a Pentium III 450mhz. Ace'd that class...
With that said, I'm sure the encryption software has a very limited number of attempts (3?) before a time-out kicks in (or some other measure).
RE: Brute-force the PW?
1/25/2012 10:48:11 AM
It depends on the password and encryption program used. If it is AES based like TrueCrypt, the feds can't even crack it. It can take billions of years to crack a password even using a supercomputer if you are using AES encryption. Even AES 128-bit.
Though if older, lower and/or weaker levels are used, and depending on the hardware it can take hours, days, weeks, months, years.
You'd figure they have already sent this laptop off to be decrypted, and the guys at computer forensics went, "you're sh/t out of luck."
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