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.
quote: But the warrant can't force you to dig the bodies up and display them in your porch. If the officers find them, yay for them. If not, you're free to kill again.
quote: She is not being asked to testify about herself, she is being compelled to provide evidence.
quote: I conclude that the Fifth Amendment is not implicated by requiring production of unencrypted contents of the Toshiba Satellite M305 laptop computer
quote: What if the person in question had a hard drive full of child porn? Are they allowed to hide behind a password?
quote: shifty eyes, a pot belly and grubby, undersized hands doesn't mean they are automatically a pedo. I think they're filth just as much as the rest of society but you get the idea.
quote: What if the person in question had a hard drive full of child porn?
quote: ... He may in some cases be forced to surrender a key to a strongbox containing incriminating documents, but I do not believe he can be compelled to reveal the combination to his wall safe —- by word or deed
quote: The problem here is that typically locks can be broken, and houses, briefcases, safes, etc. cracked.
quote: Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
quote: Failure to disclose carries a maximum penalty of two years in jail.
quote: Just encryption existing is enough evidence for them to compel you to decrypt it on pain of prison.
quote: If you read the court document you would see that through a recorded phone conversation with her ex husband she has already admitted to being the owner of the laptop and the laptop having been used in the crime and information is still on the computer. If it were not for this then the gov't would not be able to ask for it to be decrypted.
quote: Ramona Fricosu, the defendant who was accused of bank fraud in 2010
quote: 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.
quote: 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."