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  (Source: zeeshan.netai.net)
Ramona Fricosu's attorney says she may have forgotten the password

Last month, a Colorado woman was ordered to decrypt her laptop in order to help prosecutors obtain evidence in the bank fraud case against her. Now, Ramona Fricosu's attorney is saying that the defendant may have forgotten her password, further prolonging the case and getting prosecutors nowhere with the hard drive.

"It's very possible to forget passwords," said Philip Dubois, Fricosu's attorney. "It's not clear to me she was the one who set up the encryption on this drive. I don't know if she will be able to decrypt it. The government will probably say you need to put her in jail until she breaks down and does what she is ordered to do. That will create a question of fact for the judge to resolve. If she's unable to decrypt the disc, the court cannot hold her in contempt."

Davies said Fricosu has not said in any court documents that she has forgotten the password. They are waiting to see what position she takes in court.

Fricosu was accused of bank fraud in 2010, and had her laptop seized by authorities for investigative purposes. When attempting to search her hard drive, authorities found that it was encrypted using full disk encryption, which prevents unauthorized access to data storage. The option can be found in operating systems like Mac OS and Windows, and if authorities tried to crack it themselves, they could damage the computer.

Colorado U.S. District Judge Robert Blackburn then ordered Fricosu to decrypt her hard drive and return it to the court so prosecutors could use the files against her in the bank fraud case. Fricosu tried using the Fifth Amendment to protect herself, arguing that it protects her from compelled self-incrimination.

However, Blackburn concluded that "the Fifth Amendment is not implicated by requiring production of unencrypted contents of the Toshiba Satellite M305 laptop computer." Assistant U.S. Attorney Patricia Davies backed Blackburn's decision, saying that encryption cannot be a sure way for criminals to bypass the system.

Source: Wired



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By Beenthere on 2/7/2012 5:36:03 PM , Rating: -1
I'll bet if she spends time in jail until her "memory gets better", she'll remember the password in a very short period of time. If I was the judge she'd be behind bars until she provides the password.




By mmatis on 2/7/2012 6:08:30 PM , Rating: 2
Then maybe it's time for dead pigs. The Constitution, that they and the judge swear an oath to, prohibits that. Without that oath, they are NOT "Law Enforcement" or the "Legal System", but are instead merely Thugs with Guns. To be dealt with as one would with ANY thug with a gun.


By FredEx on 2/8/2012 1:05:13 AM , Rating: 2
If she refuses to answer or she actually did forget the key (been quite a while since she's had to use the key) what they could charge her with may be much less severe than what she'd serve if convicted with the bank fraud. She may be thinking a couple years is much better than a couple decades or more.


By mmatis on 2/8/2012 10:15:25 AM , Rating: 2
Hopefully the "Law Enforcement" and the "judge" will be rotting where they belong within the week. When they spit on their oath to the Constitution as they so clearly have here...


By silvaensis on 2/9/2012 6:05:58 AM , Rating: 2
Well, I can see because of this case encryption software having a build in scrubber or password reset feature. For instance, if the data is not accessed in 1 year or with a special secondary password, it autoscrubbs the drive on next boot. Sure they might get you for destroying evidence but that carries a max charge of 1 1/3 to 4 years, and for that the burden of proof is on them that you gave them the wrong password and did not misremember it.


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