[Loyal Sedition]

Dupe Thread!

[tcrlaf]

This is why my lawyer doesn’t have a single computer anywhere in his office. NOT ONE...

[Brookhaven]

I would think that ordering someone to give up the encryption key would be testifying against themselves.

If the police can figure it out on their own, fine.

[Drill Thrawl]

Is a person required to open a combination safe?

Is a person required to provide a key to unlock a door?

Seems to be the same to me.

[KarlInOhio]

Is there any case law on requiring defendants to discuss non computerized encryption methods and code words with prosecutors. For example, if the police have a recording of me talking about delivering two pounds of "potatoes" and a bag of "parsley" can I be forced to tell what "potatoes" and "parsley" actually mean or would that be an illegal forced confession?

[MeganC]

Robert Edward Blackburn (born 1950) is a United States federal judge.

Blackburn was born in Lakewood, Colorado. He received a B.A. from Western State College of Colorado in 1972. He received a J.D. from the University of Colorado Law School in 1974. He was in private practice in Las Animas, Colorado from 1975 to 1980. He was a deputy district attorney of Sixteenth Judicial District Attorney’s Office, Colorado from 1980 to 1986. He was a county attorney of Bent County, Colorado from 1980 to 1988. He was a Municipal judge, Town of Kim, Colorado from 1985 to 1988. He was a judge on the Sixteenth Judicial District of Colorado from 1988 to 2002.

Blackburn was a federal judge on the United States District Court for the District of Colorado. Blackburn was nominated by President George W. Bush on September 10, 2001, to a seat vacated by Zita L. Weinshienk. He was confirmed by the United States Senate on February 26, 2002, and received his commission on March 6, 2002.

[apillar]

What happens if a defendant genuinely has a bad memory, amnesia, etc. Are they SOL? Can the judge lock them up indefinitely for contempt of court for not being able to decrypt the drive because they honestly forgot the password?

[Wuli]

I see the argument in more simple terms.

If the police have a warrant, do you “have a right” to refuse them entry, on the grounds that (knowing what you know you have) opening the door “would incriminate you”.

Substitute “opening the door” to “openining the hard drive” and I think you see the court’s reasoning.

[Revel]

It sounds like another case of a Federal Judge ruling against case law. As I remember then this issue has already been decided in the past as being exactly the opposite of what this judge is trying to do.

So use the Bill Clinton defense.

“I can’t Recall”.

[Secret Agent Man]

I believe this is being made to testify against yourself. I am not against some Leo hacker attempting to decrypt the hard drive if they have a valid warrant and specify what they are looking for.

[okie01]

From a legal standpoint, how is the data in a computer any different than the data in a filing cabinet?