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Author Topic: Court allows suspect to refuse to decrypt hard drive  (Read 1545 times)

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Offline Chris_

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Court allows suspect to refuse to decrypt hard drive
« on: February 24, 2012, 11:00:49 AM »
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In child pornography trial, court allows suspect to refuse to decrypt hard drive

In an appeal of a 2010 child pornography investigation, the 11th Circuit Court of Appeals has ruled that individuals may invoke their Fifth Amendment protection from self-incrimination when refusing to decrypt hard drives that have been confiscated by police.

The implication of the court’s decision may affect any number of federal investigations against child pornography, terrorism, or any other case involving the use of a computer. The decision may also affect US citizens returning from overseas travel where they are often demanded to allow Homeland Security agents to examine their hard drives.
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I agree with the court's decision, but I really hope the prosecutors have enough evidence to put this sicko away.
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Offline obumazombie

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #1 on: February 24, 2012, 11:50:25 AM »
If it can be shown that the hard drive in question was connected to any wired or wireless data transfer device the 5th amendment would not apply. There is plenty of precedent to uphold such a ruling.
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Offline Chris_

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #2 on: February 24, 2012, 11:58:04 AM »
Quote from: obumazombie on February 24, 2012, 11:50:25 AM
If it can be shown that the hard drive in question was connected to any wired or wireless data transfer device the 5th amendment would not apply. There is plenty of precedent to uphold such a ruling.
You have one in mind?  I'd like to see it.
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Offline Rebel

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #3 on: February 24, 2012, 12:02:10 PM »
Quote from: chris_ on February 24, 2012, 11:58:04 AM
You have one in mind?  I'd like to see it.

5th Amendment. The right to not self-incriminate. It's up to the prosecution to form the case. The criminal has no responsibility to help them.
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Offline Chris_

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #4 on: February 24, 2012, 12:12:13 PM »
Quote from: Rebel on February 24, 2012, 12:02:10 PM
5th Amendment. The right to not self-incriminate. It's up to the prosecution to form the case. The criminal has no responsibility to help them.
I was referring to this assertion...
Quote from: obumazombie on February 24, 2012, 11:50:25 AM
If it can be shown that the hard drive in question was connected to any wired or wireless data transfer device the 5th amendment would not apply.

 that would magically negate any 5th amendment protection simply by connecting the drive to "any wired or wireless data transfer device".

I'd love to see something to support the claim.
« Last Edit: February 24, 2012, 09:35:29 PM by chris_ »
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Offline Rebel

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #5 on: February 24, 2012, 12:13:07 PM »
Quote from: chris_ on February 24, 2012, 12:12:13 PM
I was reffering to this assertion that would magically negate any 5th amendment protection simply by connecting the drive to "any wired or wireless data transfer device".

Ah, gotcha. I only read what you bolded and assumed.  :-)
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Offline formerlurker

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #6 on: February 24, 2012, 12:16:19 PM »
Quote from: obumazombie on February 24, 2012, 11:50:25 AM
If it can be shown that the hard drive in question was connected to any wired or wireless data transfer device the 5th amendment would not apply. There is plenty of precedent to uphold such a ruling.

There is no evidence presently.  The prosecution is on a fishing expedition so the 5th of course would apply.   
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Offline compaqxp

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Re: Court allows suspect to refuse to decrypt hard drive
« Reply #7 on: February 25, 2012, 11:16:33 AM »
I agree with the courts decision as I'm sure many do.

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The decision may also affect US citizens returning from overseas travel where they are often demanded to allow Homeland Security agents to examine their hard drives.

Please tell me that's not serious.
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