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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The Judge is Wrong
1/25/2012 10:41:26 PM
I must respectfully totally disagree with the judges reasoning in this case. It's wrong.
People have a constitutional right to not self-incriminate. You cannot be forced to provide evidence against yourself. Just like spouses cannot be forced to testify against another spouse unwillingly.
I don't understand the legal reasoning this judge is using but I guarantee if it stands - it will end up in a higher court - as it should.
The article implies convenience as a factor in forcing the woman to provide the password to the encrypted data. As in "it would take decades to decrypt without it".
My apologies to law enforcement but I don't recall anything based in law that would allow them to argue such a point - never mind get a judge to agree with their reasoning.
If you have a problem with encrypted data on personal electronic devices then simply ban the sale of these types of software.
But requiring defendants to incriminate themselves because it doesn't meet your schedule is blatantly abusive as it relates to your right not to incriminate yourself.
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