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US woman is ordered to decrypt her hard drive

Fifth Amendment doesn't apply
Tue Jan 24 2012, 17:15

A FEDERAL JUDGE in Colorado has ordered a woman to decrypt the hard drive in her laptop so the files can be used as evidence against her.

The laptop was seized by FBI agents under a warrant in May 2010 whilst investigating financial fraud. However, the files were encrypted by PGP Desktop so the authorities demanded her decryption password under the All Writs Act.

Ramona Fricosu refused to hand over her password, claiming the demand violated the Fifth Amendment protection against compelled self-incrimination.

However, US District Court Judge Robert Blackman said, "I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer."

A similar legal doctrine has been around in the UK for a number of years but this is relatively new across the pond and is likely to appear more frequently in the future. µ

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Comments
Passwords are not potected by the Constitution

Obviously anyone who understands the Constitution knows passwords are not protected. She tried a Hail Mary and lost. Boo Hoo.

posted by : Buckup, 26 January 2012 Complain about this comment
Let that be a lesson to you all

... to remember to use the hidden volume feature in Truecrypt for plausible deniability even if the order to reveal a password is, in itself, a violation of the Constitution.

posted by : BB, 25 January 2012 Complain about this comment
Where does this slippery slope lead?

I wonder if there is any limit on what the police can ask you to do.

Can they ask you to decipher your handwriting if they can't read it on a document?

If they record a phone conversation, can they ask you what you meant by "fix the problem with Fat Tony"?

This will make electronic surveillance much more useful. If you try to encrypt or disguise anything, they can ask you to decrypt it.

Why is it that judges are making up the law in this case? I think it would be good to clarify whether Big Brother can collect information then ask you to explain it to them after the fact.

posted by : Jim Summers, 25 January 2012 Complain about this comment
Maybe she's just stupid?

You can't fix stupid but they make good shark bait.

posted by : Tomas, 25 January 2012 Complain about this comment
not right

Their request is based on the "fact" that they overheard her and her husband mentioning that potentially incriminating data "existed" (i.e. maybe it doesn't exist anymore) on "a laptop" (maybe not the one they seized?).

Problem with this is the following:

1. They don't actually know whether any usable data is in there, they are just hoping they will find something incriminating

2. They don't know if they have the right safe. Maybe in this one she has her personal diary which has other and unrelated self-incriminating data?

What we store in our computers is an extension of our mind and we should be not forced to disclose it.

posted by : Me, 25 January 2012 Complain about this comment
It' not her fault the data is corrupt!

I agree with Bubba.

The feds would not be able to tell if she gave them the wrong password or if the data was accidentaly corrupted. right?

posted by : Magnus, 25 January 2012 Complain about this comment
Loophole?

Claim the passphrase is in the form of a personal statement that could be self incriminating.

posted by : Graham, 25 January 2012 Complain about this comment
Simple

Incompetent juddge is incompetent.

posted by : W.-, 25 January 2012 Complain about this comment
What's Good for the Goose?

When will this be applied to Apple and Google? Never.

posted by : Cato4513, 25 January 2012 Complain about this comment
Truecrypt

Wow,,,guess she may have needed to do a volume encryption, presidents use this all the time. It's called Plausible Deniability, someone get the 2x4
http://www.truecrypt.org/docs/?s=plausible-deniability

posted by : Rick, 25 January 2012 Complain about this comment
Easy solution

Woman: password is abra-cadabra
law: no, that doesn't work.
woman: damn that data corruption! I had this same problem a while back and had to reformat.

posted by : Bubba, 25 January 2012 Complain about this comment
What is going on!

To protect one is clinical in derailing the postulation of reality, yet inconceivable in the realm of reality. How does such an ergophile deliberately subject themselves to outlandish behavior. The very nature of the article is subjective to argument of a trivial decision which does not concern the masses of law abiding citizens. But emphases the insignificance of one individual.

posted by : Jake, 24 January 2012 Complain about this comment
I doubt it

I doubt the report that the combination for a combo lock on a safe does not have to be disclosed but it that's the case it should not be. Authorities can still just cut the safe open however.

The protection afforded is to not incriminate one's self via oral answers to questions. It has absolutely nothing to do with documents or other items that may be incriminating.

posted by : Paul, 24 January 2012 Complain about this comment
ya

I have opinions of my own –strong opinions– but I don’t always agree with them

posted by : icup, 24 January 2012 Complain about this comment
Key vs combination

Supposedly the US supreme court has ruled that if you have a key lock on a safe, you have to give up the key, but if you have a combination lock, the combination is protected by the 5th amendment.

posted by : slap, 24 January 2012 Complain about this comment
Good call by a judge for a change

They've got to get it right once in awhile when it comes to computers and the Constitution.

posted by : Bob, 24 January 2012 Complain about this comment
All fair? Really?

"The criminal material was seen by law officials prior to the computer become locked, so it's all fair."

Well then, they can testify as to what they saw. But just because someone claims to have seen *something* doesn't strip away her constitutional rights.

Judges like this need to be removed.

posted by : Guy Gordon, 24 January 2012 Complain about this comment
I agree with the judge

This being about financial fraud, the turning over of this sepcific password seems the equivalent of handing over the key to a locked file cabinet. I could be wrong, but it would seem to be quite straight forward. Any judge given probable cause would issue the warrant that require said key to a locked cabinet be produced. If one is stupid enough to document criminal activities to a written file, be it physical or digital, they will probably get busted.

posted by : Art, 24 January 2012 Complain about this comment
Wrong case

Mahhn, the case where the information was seen by the police is a different one (from 2007). The judge was only mentioning it as an example.

posted by : Mark, 24 January 2012 Complain about this comment
After reading

After reading the judges reasons, I don't think the 5th comes into this. The criminal material was seen by law officials prior to the computer become locked, so it's all fair.

posted by : Mahhn, 24 January 2012 Complain about this comment
Obvious Fifth violation.

Here it is, Amendment V.

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.

Freedom in America is an illusion. What other countries give poor people the choice to vote for either of two parties of the Rich. America is a country ruled by the Rich for the Rich and stuff the working class. A Socialist revolution is long overdue, but the working classes are too doped up on cheap beer, cheap gas and even cheaper religion that they don't care. The American rich will trample over the rights of anyone who happens to get in their way.

posted by : The American Communist, 24 January 2012 Complain about this comment
SHE HAS SECRETS

I BET SHE HAS STOLEN RECIPES. I BET SHE HAS THE INSTRUCTIONS FOR MAKING AN ILLICIT BIG MAC SANDWINCH.

posted by : SHOUTER, 24 January 2012 Complain about this comment
aboutus
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