Saturday, 27 April 2013

Imagine Such Rights

Apr 24 2013, 10:05pm GMTDT

Fifth Amendment shields child porn suspect from decrypting hard drives

"Judge says forcing man to unlock files would amount to self-incrimination.

A federal judge refused to compel a Wisconsin suspect to decrypt the contents of several hard drives because doing so would violate the man's Fifth Amendment right against self-incrimination. Judge William E. Callahan's Friday ruling ultimately labeled the issue a "close call."

Courts have wrestled with how to apply the Fifth Amendment to encrypted hard drives for several years. According to past rulings, forcing a defendant to decrypt a hard drive isn't necessarily self-incriminating, but forcing a defendant to decrypt a hard drive can amount to self-incrimination if the government can't otherwise show that the defendant has the password for the drive. In that case, forced decryption amounts to a forced confession that the defendant owns the drive."

Should the Fifth Amendment Stop Child Porn Suspects From Decrypting Their Hard Drive?

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Child-Porn Suspect Ordered to Decrypt His Own Data

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