The Department of Justice is arguing that
forcing a criminal suspect to give up the password to an encrypted hard drive does
not constitute a violation of a person's Fifth Amendment right against self-incrimination.
"Prosecutors stressed that they don't actually require the passphrase itself, meaning [Ramona] Fricosu would be permitted to type it in and unlock the files without anyone looking over her shoulder."
Oh, come on.
Declan McCullagh of CNET makes a good point in his article - if investigators instead had found some sort of journal or diary written in code, would they then be justified in making the suspect provide a translation against his or her will? Of course not, and if such a key was involuntarily obtained one would also never be sure that what the person provided was indeed accurate. A mentally-held password should not be handled any differently. For that matter, what if the defendant really did forget the phrase? Should someone get jail time for sincerely having a poor memory?
We're not sticking up for the suspects in this particular case, but rather the next law-abiding person who is ordered to turn over their computer for a search (including demanding login details) despite a complete lack of evidence to justify such a fishing expedition, a practice that
happens on a daily basis at customs checkpoints both here and abroad. Here's
how to protect your data and private information from such snoops.
1 comment:
I thought they had ways of getting it anyways? I didn't think they needed the person's cooperation?
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