Judge Orders Defendant to Decrypt Laptop

[W5GA]

This will be a very interesting case to watch. If it gets to SCOTUS, I believe the gov will be screwed on 5th amendment grounds.

http://www.wired.com/threatlevel/2012/01/judge-orders-laptop-decryption/ (http://www.wired.com/threatlevel/2012/01/judge-orders-laptop-decryption/)

[KC2UGV]

Interesting. Last case I knew of, the person got 30 days in jail (Contempt of court), but it couldn't be used against him in the criminal proceeding.

[ab1ga]

This will be a very interesting case to watch. If it gets to SCOTUS, I believe the gov will be screwed on 5th amendment grounds.


Perhaps, but if I were government counsel I'd argue that this is not a case of compelling testimony against oneself, but a search action, which if lawfully conducted yields acceptable evidence. I'm not positive about it, but wouldn't the demand "unlock your laptop" be equivalent to "unlock your safe" when presented with a lawful warrant? Can one be forced to unlock one's safe or have it opened by the authorities?

73,

[KC2UGV]

Perhaps, but if I were government counsel I'd argue that this is not a case of compelling testimony against oneself, but a search action, which if lawfully conducted yields acceptable evidence. I'm not positive about it, but wouldn't the demand "unlock your laptop" be equivalent to "unlock your safe" when presented with a lawful warrant? Can one be forced to unlock one's safe or have it opened by the authorities?

73,

One can have it [a safe] opened by authorities; and in the case of encryption, the authorities are just as empowered to open it themselves. I don't think one can be punished for forgetting a combination for a safe, either :)

[W2NAP]

this is why you set it up to where... 1st bad pass = hard drive fucked.

[KC2UGV]

this is why you set it up to where... 1st bad pass = hard drive fucked.

Be nasty. I've mis-typed passwords before :O

[n2ize]

Heck, we all lose passwords, pass phrases, keys, combinations, etc. The most secure passwords are random combinations of charachters... not easy to remember and easily forgotten. Can a judge punish you because your brain failed to retrieve some information ? especially when a person is under stress. I think we all know what it's like. You are under stress and you forget things you would normally remember.

[KC9ECI]

30 days for contempt? I'm like Al Bundy, that would be 30 days of no wife, no kids, 3 meals a day....I'm not seeing the downside here.

[K7SGJ]

30 days for contempt? I'm like Al Bundy, that would be 30 days of no wife, no kids, 3 meals a day....I'm not seeing the downside here.

Horny Bubba

[KC9ECI]

Horny Bubba

I'm too ugly for even Bubba.

[W4RLR]

30 days for contempt? I'm like Al Bundy, that would be 30 days of no wife, no kids, 3 meals a day....I'm not seeing the downside here.I can see one. Having a cell mate that looks at you and declares that you are his new bitch.

[W5GA]

I'm too ugly for even Bubba.
After a time, I'm thinkin' that this turns into a case of there are no ugly ones after midnight.

[W7XF]

Horny Bubba
Bubba is busy with Joran Van der Sloot right now..... :snicker:

[KC9ECI]

I suppose I could give up showering and the use of toilet paper.