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

Skip to comments.

DOJ: We can force you to decrypt that laptop
CNET News ^ | JULY 11, 2011 12:07 AM PDT | Declan McCullagh

Posted on 07/11/2011 10:39:22 AM PDT by Smogger

The Colorado prosecution of a woman accused of a mortgage scam will test whether the government can punish you for refusing to disclose your encryption passphrase. 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.

Because Fricosu has opposed the proposal, this could turn into a precedent-setting case. No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S. Constitution's Fifth Amendment, which broadly protects Americans' right to remain silent.

In a brief filed last Friday, Fricosu's Colorado Springs-based attorney, Philip Dubois, said defendants can't be constitutionally obligated to help the government interpret their files. "If agents execute a search warrant and find, say, a diary handwritten in code, could the target be compelled to decode, i.e., decrypt, the diary?"

...

"Decrypting the data on the laptop can be, in and of itself, a testimonial act--revealing control over a computer and the files on it," said EFF Senior staff attorney Marcia Hofmann. "Ordering the defendant to enter an encryption password puts her in the situation the Fifth Amendment was designed to prevent: having to choose between incriminating herself, lying under oath, or risking contempt of court."

(Excerpt) Read more at news.cnet.com ...


TOPICS: Crime/Corruption; Front Page News; News/Current Events; Technical
KEYWORDS: 5thamendment; constitution; doj; encryption; fifthamendment; patriotact; policestate
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-144 next last
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]

To: Smogger
My password? Oh dear what was that. Try 'youscumsuckingfaggotswillneverguessit' . Nope, that's not it.

Ah, I have it... 'youwankerscouldntcatchtheclapinawhorehouse'. Nope, that's not it either. Try...

42 posted on 07/11/2011 11:11:06 AM PDT by Ken H
[ Post Reply | Private Reply | To 1 | View Replies]

To: Smogger
United States v. Boucher
43 posted on 07/11/2011 11:11:57 AM PDT by Palter (Celebrate diversity .22, .223, .25, 9mm, .32 .357, 10mm, .44, .45, .500)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Doe Eyes
In addition to a password that decrypts the computer, there should be one that zeroizes it.

Any intelligent investigator will make an image copy of the hard drive before doing anything else.

44 posted on 07/11/2011 11:16:12 AM PDT by PapaBear3625 (In the land of the pigs, the butcher is king.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Daus
I know I am contributing nothing... but this always cracks me up... :)

1.2.3.4.5
45 posted on 07/11/2011 11:16:18 AM PDT by Daus
[ Post Reply | Private Reply | To 37 | View Replies]

To: Smogger

“I don’t recall (the password).”


46 posted on 07/11/2011 11:16:25 AM PDT by E. Pluribus Unum ("A society of sheep must in time beget a government of wolves." - Bertrand de Jouvenel des Ursins)
[ Post Reply | Private Reply | To 1 | View Replies]

To: babygene

Actually it is possible. You just have to write over the data several times. I’ve seen the technique used to get the old data under it and severas writes (It used to be like 7) and no way you’re getting the data back.

Also keep in mind the data is encrypted! So they’d first have to recover what was there...then decrypt it! Good luck with that.


47 posted on 07/11/2011 11:17:28 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 28 | View Replies]

To: Doe Eyes

You always buy Evidence Eliminator, or something similar.


48 posted on 07/11/2011 11:18:09 AM PDT by chesley (Eat what you want, and die like a man.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Rockingham

If you forget the password to your safe they will just break it open. They can’t “compel” your further then say asking you nicely. You can’t break open encryption like that.


49 posted on 07/11/2011 11:18:13 AM PDT by Smogger
[ Post Reply | Private Reply | To 27 | View Replies]

To: Smogger
There ought to be encryption programs with TWO passwords.

One password lets you in.

The other password shreds the data.

And once you enter the "shred" password, it's too late.

50 posted on 07/11/2011 11:18:14 AM PDT by E. Pluribus Unum ("A society of sheep must in time beget a government of wolves." - Bertrand de Jouvenel des Ursins)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Publius6961; All
"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."


51 posted on 07/11/2011 11:18:50 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 17 | View Replies]

To: Uncle Ike
“”VIDEO - Handcuffed man repeatedly kicked, beaten, and tasered by police while in handcuffs””
Just sayin’.....

Yeah.
But did he talk?

Seems to me torture, even if failed, resulting in death or great bodily harm of a person not yet judged and convicted of anything is closer to a capital offense than refusing to divulge possible criminal material.

Anything is "possible."

52 posted on 07/11/2011 11:19:24 AM PDT by Publius6961 (My world was lovely, until it was taken over by parasites.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Daus

Now I have to change the combination on MY luggage......


53 posted on 07/11/2011 11:19:53 AM PDT by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: Smogger

So the Fifth no longer is valid.

Good to know I guess.


54 posted on 07/11/2011 11:21:16 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Smogger

Put Chloe O’Brien on it, it’ll be decripted before an hour is up.


55 posted on 07/11/2011 11:22:08 AM PDT by hattend (Its a matter of public record that I did not go to Harvard Law School, but I can add. - Sarah Palin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LonePalm

NSA wouldn’t decrypt something for such purposes. Doing so could reveal their real capability (a la “oh crap! NSA _can_ break a 1024-bit key! better switch to bigger keys after all...”).

And I’m sure they _can_ crack pretty much anything. Acres of supercomputers and encryption technology 5-15 years ahead of anything public.


56 posted on 07/11/2011 11:22:19 AM PDT by ctdonath2
[ Post Reply | Private Reply | To 11 | View Replies]

To: apillar

When I was encrypting stuff (I quit because it was just too much trouble considering I’m pure as the driven snow, and nothing illegal is on my computer), I invented a phrase containing both capitals and lower-case letters, symbols, and numbers, that would mean absolutely nothing to anyone else, but was easy for me to memorize.

Hard to say what it would be for you, but I suggest literary references, personal experiences, or even some dream you had that you still remember.


57 posted on 07/11/2011 11:24:05 AM PDT by chesley (Eat what you want, and die like a man.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Ken H

LOL


58 posted on 07/11/2011 11:24:09 AM PDT by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
[ Post Reply | Private Reply | To 42 | View Replies]

To: apillar

I have used a conglomeration of “Special Fonts” from my Mac’s email program. Letters, numbers, symbols, etc., mix in a few Chinese pictos, squares, triangles,,,, I’d include an example, but FR doesn’t have the ability to show it.


59 posted on 07/11/2011 11:24:37 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Steely Tom

lol

If the NSA wanted to decrypt it... it would be decrypted, period.

You think if that was Osama’s laptop they would just say... oh well! he didn’t give us the password!!!

ROFL


60 posted on 07/11/2011 11:26:04 AM PDT by TexasFreeper2009 (Obama = Epic Fail)
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-144 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