Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Minnesota court takes dim view of encryption
CNET ^ | May 24, 2005 | Declan McCullagh

Posted on 05/24/2005 9:56:37 PM PDT by atomic_dog

A Minnesota appeals court has ruled that the presence of encryption software on a computer may be viewed as evidence of criminal intent.

Ari David Levie, who was convicted of photographing a nude 9-year-old girl, argued on appeal that the PGP encryption utility on his computer was irrelevant and should not have been admitted as evidence during his trial. PGP stands for Pretty Good Privacy and is sold by PGP Inc. of Palo Alto, Calif.

But the Minnesota appeals court ruled 3-0 that the trial judge was correct to let that information be used when handing down a guilty verdict.

"We find that evidence of appellant's Internet use and the existence of an encryption program on his computer was at least somewhat relevant to the state's case against him," Judge R.A. Randall wrote in an opinion dated May 3.

Randall favorably cited testimony given by retired police officer Brooke Schaub, who prepared a computer forensics report--called an EnCase Report--for the prosecution. Schaub testified that PGP "can basically encrypt any file" and "other than the National Security Agency," nobody could break it.

The court didn't say that police had unearthed any encrypted files or how it would view the use of standard software like OS X's FileVault. Rather, Levie's conviction was based on the in-person testimony of the girl who said she was paid to pose nude, coupled with the history of searches for "Lolitas" in Levie's Web browser.

Judge Thomas Bibus had convicted Levie of two counts of attempted use of a minor in a sexual performance and two counts of solicitation of a child to engage in sexual conduct. The appeals court reversed the two convictions for attempted use of a minor, upheld the two solicitation convictions, and sent the case back to Bibus for a new sentence.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Minnesota
KEYWORDS: computersecurity; crime; encryption; govwatch; pgp; privacy; security; technology
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-90 next last
First the FBI wants to seize documents without a warrant and now the mere "existence of an encryption program" on a computer can be admitted as evidence of criminal intent.

Does anyone else see something wrong here or am I just being paranoid?

1 posted on 05/24/2005 9:56:38 PM PDT by atomic_dog
[ Post Reply | Private Reply | View Replies]

To: atomic_dog

It's just part of the Patriot Act, Son of the Patriot Act, Return of the Patriot Act, Cheech and Chong Meet the Patriot Act, etc. mentality. "If you do nothing wrong, you've nothing to hide." Thus if you are hiding something, you must be doing Something Wrong.


2 posted on 05/24/2005 10:00:35 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

Geez, how many people have PGP on their computers?


3 posted on 05/24/2005 10:03:06 PM PDT by garyhope
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog
Does anyone else see something wrong here or am I just being paranoid?

DING! No, I love to have my CONSTITUTIONAL rights just trapled by the Courts and the Legislature.

4 posted on 05/24/2005 10:03:25 PM PDT by TheOtherOne
[ Post Reply | Private Reply | To 1 | View Replies]

To: garyhope

This is America, whoever the hell wants to.


5 posted on 05/24/2005 10:03:49 PM PDT by TheOtherOne
[ Post Reply | Private Reply | To 3 | View Replies]

To: garyhope

Doesn't everyone?


6 posted on 05/24/2005 10:04:06 PM PDT by atomic_dog
[ Post Reply | Private Reply | To 3 | View Replies]

To: atomic_dog

I'm too lazy.


7 posted on 05/24/2005 10:04:50 PM PDT by TheOtherOne
[ Post Reply | Private Reply | To 6 | View Replies]

To: atomic_dog
Minnesota court takes dim view of encryption

Therefore, I take a dim view of Minnesota courts. And maybe Minnesota.

Yeah, what the hell - I do. Frozen wasteland anyway. Decrypt this!

8 posted on 05/24/2005 10:05:20 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

There's not very much common ground between me and a pervert who likes to photgraph nude children, but hey, I'm actually on the same page with this guy about the encryption.


9 posted on 05/24/2005 10:05:22 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the Rats in terror before me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog
"A Minnesota appeals court has ruled that the presence of encryption software on a computer may be viewed as evidence of criminal intent."

That is a pretty lame and disprovable statement if you ask me.
Sometimes people are not doing anything illegal but they don't want other people who have access to a computer to read personal info. Everyone who pays attention knows that authorities can break any encryption available to the public anyways. but it would prevent normal people from reading stuff, or looking at personal data.
10 posted on 05/24/2005 10:08:26 PM PDT by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

I have passwords to bank accounts, commercial accounts, my resume, application letters, my own and relatives' social security numbers, love letters, hate letters, proprietary business data, and other critical information on my computer.

It is criminally negligent NOT to encrypt your important files.


11 posted on 05/24/2005 10:08:40 PM PDT by SteveMcKing
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

Is that really what the court is saying in this case though? I mean, they had the testimony of the girl herself plus the guy's web browser history.


12 posted on 05/24/2005 10:10:30 PM PDT by ikka
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog
ren pgp.exe trashpot.exe
1 file renamed.
13 posted on 05/24/2005 10:12:30 PM PDT by kingu
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

Ok, from what I gather from this poorly written article is that the convicted guy appealed because the state claimed that the existance of PGP indicated criminal intent.

The appeals court overruled this, allowing the state to claim the existance of PGP indicates criminal intent, but then they tossed what appear to be the most onerous charges anyhow.

Why?


14 posted on 05/24/2005 10:13:24 PM PDT by VeniVidiVici (In God We Trust. All Others We Monitor.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SteveMcKing

During a messy child custody dispute, my exwife managed to intercept some communications from my then current wife to her friends. Some of these communications were not complementary. Of course after that we encrypted a lot of email to our friends.

Entering PGP software as evidence of criminal intent is like a presumption of guilt for Constitutionally protected refusal to testify.

This will likely be overturned on appeal. New Trial.


15 posted on 05/24/2005 10:14:08 PM PDT by Donald Meaker (i)
[ Post Reply | Private Reply | To 11 | View Replies]

To: atomic_dog
Just replace "existence of an encryption program" with "presence of a firearm"...it's how it was used that matters. If the PGP software was used to encrypt kiddie-porn, hang the bastard.
16 posted on 05/24/2005 10:17:25 PM PDT by Keith in Iowa (Life's a beach - and Liberals are like the sand that gets in your swimsuit...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog
Ahh American Justice:

The Constitutional rights of the innocent are often defended in court by the guilty.

(many here on FR fail to realize this.)

17 posted on 05/24/2005 10:19:08 PM PDT by TheOtherOne
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog
"...the presence of encryption software on a computer may be viewed as evidence of criminal intent."

Um, it's built into Windows XP and MacOS X. There aren't enough prisons to hold all of us criminals, then.
18 posted on 05/24/2005 10:34:22 PM PDT by RightOnTheLeftCoast (You're it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atomic_dog

Compression software like WinZip can be considered encryption tools. Once compressed, a file is unreadable just as if it were encrypted. This is an example of judicial ignorance, and how that can be dangerous.


19 posted on 05/24/2005 10:47:50 PM PDT by etcetera (No man is entitled to the blessings of freedom, unless he be vigilant in its preservation.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: garyhope; All
"Geez, how many people have PGP on their computers?"

Quite a few actually - mostly linux users now, since WinXP is trashed when PGP is installed.

Warning to WinXP users - do NOT install PGP, unless you really enjoy wiping the hard drive and reinstalling everything from scratch.

20 posted on 05/24/2005 11:00:05 PM PDT by RebelTex (Freedom is everyone's right - and everyone's responsibility!)
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-90 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson