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

A couple of thoughts: I agree with EFF that merely entering a password into a computer is testimony in that you are testifying that you have access to and/or control over it. Secondly, obviously, if whatever was on the device was highly incriminating then I would take the contempt charge. Finally, how can the prosecutor prove that that haven't merely misplaced or forgotten the password?
1 posted on 07/11/2011 10:39:29 AM PDT by Smogger
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-37 next last
To: Squantos
"ahem"... and what if it's not possible to decrypt it? :-)
2 posted on 07/11/2011 10:41:34 AM PDT by hiredhand
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

Hey stupids at the DOJ: thanks for letting the world know the limitations of the NSA’s decryption capabilities.


3 posted on 07/11/2011 10:41:57 AM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
If you invent a new written language that only you understand, the US Department of Justice can force you to teach them the new language so that they can decipher your hieroglyphics to use against you in a court of law.

Now, if you'll excuse them, the US Department of Justice has thousands of military weapons to give to the Mexican narco-trafficking cartels.

4 posted on 07/11/2011 10:43:10 AM PDT by The KG9 Kid
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

I don’t recall worked great for Hillary Clinton!


5 posted on 07/11/2011 10:44:22 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

Need a whole disk encryption system that allows you to enter two passwords.

One password reveals the real stuff. Another password reveals the fake stuff while it deletes and rewrites random data over the real stuff.

But then that would be tampering with evidence or some other charge. So best to just take the 5th and stay quiet.

This will be an interesting case. What happens if they give you immunity to compel your testimony that the password you provided won’t be used to prove you had access to the machine? They could force your testimony then, no?


7 posted on 07/11/2011 10:46:35 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
In addition to a password that decrypts the computer, there should be one that zeroizes it.
8 posted on 07/11/2011 10:47:46 AM PDT by Doe Eyes
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger; Steely Tom
Two words:

I FORGOT..............Steve Martin................

9 posted on 07/11/2011 10:48:45 AM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

I’m surprised there haven’t been more of these cases, but then I’m surprised more people don’t take measures to protect their data both in terms of backup and security.

Clearly falls under the Fifth Amendment (assuming we still have one). Legal types will get hung up on what and what doesn’t constitute ‘testimony’ but the Fifth, of course, deals with bearing witness against oneself in or out of court.

I suppose the best defense for anyone in this spot is to simply say ‘I forget the password. I guess we’re both screwed.’


13 posted on 07/11/2011 10:50:12 AM PDT by relictele (Pax Quaeritur Bello)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
DOJ: We can force you to decrypt that laptop

Ummmm.
No you can't.

You gonna bring back the rack?
The Iron maiden?
Drawing and quartering?
Water boarding that is prohibited from being used on mortal enemies?

Good luck with that.

17 posted on 07/11/2011 10:54:06 AM PDT by Publius6961 (My world was lovely, until it was taken over by parasites.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

“The Obama administration has asked a federal judge to order the defendant, Ramona Fricosu, to decrypt an encrypted laptop that police found in her bedroom during a raid of her home.”

Maybe she can say:

“My lawyer and I will gladly submit any questions you have for my laptop computer, and question by question, under my lawyers advice we will make my laptop computer answer any question that will not violate my Fifth Amendment rights. But no, we will not allow you to interrogate my laptop with any lower standard with which you are not allowed to interrogate me.”

Just trying to speak in “legalese” even though I am not totally convinced of that argument myself.


20 posted on 07/11/2011 10:57:12 AM PDT by Wuli
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

A few years back I used truecrypt to set up an encrypted drive on my computer to store tax returns, scanned receipts etc. Following the recommendations from the truecrypt instructions I set up a long password (more like a pass paragraph) with upper and lower case letter, numbers and symbols. Worked fine for a couple months, until I fell behind with my receipt scanning and didn’t mess with it for a few weeks, then of course I forgot the password and couldn’t find where I had written it down. So long story short, hours of work down the crapper. I guess if my computer had been confiscated by the feds, I could also be facing jail time for not being able to produce the password. That sure would add insult to injury...


22 posted on 07/11/2011 10:58:13 AM PDT by apillar
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
I see a market for a disk encryption product that has two passwords. One that decrypts. One that wipes. When forced to give a password, give the one that wipes the data. Oops. Sorry. All gone.
23 posted on 07/11/2011 10:59:35 AM PDT by Myrddin
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

I find this outrageous - there’s no clearer example of self-incrimination short of being compelled a gunpoint to say, “Yeah, I did it” and sign a “confession.”

Of course, one could always have an encryption program that wipes the hard drive if you enter the password incorrectly X number of times (3 or 5 or 10). One could fail to capitalize a letter, or get “fat fingers” or whatever...and good-bye data.

Your reminder of the simple Hillary Clinton defense of “I don’t recall” is a big winner - because they cannot prove otherwise, just as no one could prove that “the world’s smartest woman” remembered none of the multitude of details of what she was being questioned about. They could be very suspicious, but never prove a thing.

I don’t advocate breaking the law (even if the law is violative of the Constitution, as it often is). However, certain parts of the Constitution’s protections of our rights must be inviolate or we are dealing with nothing less than an outright dictatorship. The 5th Amendment protection against self-incrimination is one such. The data on a computer is certainly capable of incriminating a person - hence the reason the DOJ wants to see it - and being compelled to release it CANNOT be permitted. I, too, would rather be in jail on contempt than to release the information. Besides, I don’t put it past prosecutors to falsify what is there to suit their case (evidence tampering is not exactly a new concept), but they can’t do it if they haven’t had access to the data in the first place.


24 posted on 07/11/2011 10:59:52 AM PDT by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

If this was in a book in a foreign language the DOJ would have to hire an interpriter.


26 posted on 07/11/2011 11:01:11 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

When the Feds show up at your house with a search warrant, they can compel your cooperation in unlocking doors and opening safes and such. Demanding a laptop password is little different.


27 posted on 07/11/2011 11:01:50 AM PDT by Rockingham
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

Did I read the article correctly to see that the laptop encryption was done with PGP?


33 posted on 07/11/2011 11:04:44 AM PDT by jimjohn
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

I think I’ll set my encryption password to be “F-off, you DOJ Obambot monkeyslime. You can KMA if you think I am going to give you my password.” And I think I will have a case for wrongful imprisonment...


35 posted on 07/11/2011 11:07:27 AM PDT by kosciusko51
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
Let's see I'm facing 30 years in the federal pen for Fraud or 6 months on a contempt of court citation for not providing my encryption password.. Uhh yeah, that's a tough decision.
36 posted on 07/11/2011 11:07:58 AM PDT by apillar
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger
"Ok, Ok, the code is..... 1....2....3....4....5"

"Hey! That's the same code I use on my luggage!"
37 posted on 07/11/2011 11:07:58 AM PDT by Daus
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Smogger

Hey they can force you to buy health insurance. Why not reveal a password?


41 posted on 07/11/2011 11:10:58 AM PDT by neodad (Don't Tap, Just Drill!)
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-37 next last

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