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The Straight Story

(48,121 posts) Wed Feb 29, 2012, 11:47 AM Feb 2012

Feds Can't Force Man to Decrypt Computer Data

Feds Can't Force Man to Decrypt Computer Data

(CN) - A man suspected of sharing child pornography is not in contempt for refusing to decrypt his computer files, the 11th Circuit ruled.

...

Authorities believed that they tied Doe to their investigation of YouTube user "suspected of sharing explicit materials involving underage girls," according to the Atlanta-based federal appeals court.
...
A Florida grand jury subpoenaed Doe to disclose the media, which had been encrypted with the TrueCrypt software program.

Doe refused, however, invoking his Fifth Amendment right against self-incrimination and claiming he did not know how to decrypt the files even if he wanted to. But the Northern District of Florida rejected these claims, holding Doe in contempt and committing to the custody of a U.S. marshal.

The 11th Circuit reversed last week, finding that the computer data would trigger Fifth Amendment protection because it would be testimonial.

http://www.courthousenews.com/2012/02/28/44254.htm

4 replies

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Highlight:

Feds Can't Force Man to Decrypt Computer Data (Original Post) The Straight Story Feb 2012 OP

If he can't decrypt it, he can't look at it - does it even exist? If so, for what purpose? HopeHoops Feb 2012 #1

these encryption programs let you incorporate a dummy "torture" passphrase yodermon Feb 2012 #2

good decision...so rare these days bowens43 Feb 2012 #3

This is why we can't afford that quaint old document anymore gratuitous Feb 2012 #4

HopeHoops

(47,675 posts)

1. If he can't decrypt it, he can't look at it - does it even exist? If so, for what purpose?

Reply to The Straight Story (Original post)

Wed Feb 29, 2012, 11:53 AM

Feb 2012

yodermon

(6,143 posts)

2. these encryption programs let you incorporate a dummy "torture" passphrase

Reply to The Straight Story (Original post)

Wed Feb 29, 2012, 12:08 PM

Feb 2012

which will decrypt the volume to reveal a different set of data than what you're really hiding.

So even if the court had ruled differently, one could still get around it.

Of course, they could just keep torturing you until you reveal the *real* password.

bowens43

(16,064 posts)

3. good decision...so rare these days

Reply to The Straight Story (Original post)

Wed Feb 29, 2012, 12:12 PM

Feb 2012

gratuitous

(82,849 posts)

4. This is why we can't afford that quaint old document anymore

Reply to The Straight Story (Original post)

Wed Feb 29, 2012, 01:55 PM

Feb 2012

All kinds of people will get away with all kinds of things if we have to follow those quaint concepts like the Bill of Rights and due process. This is a different world, and government agencies need to be nimble and responsive if they're going to summarily execute child pornographers and militants and terrorists. You aren't in favor of those kinds of people, are you? Everybody knows what scum they are, and affording them constitutional rights means they can get away with all kinds of heinousness. As long as everyone agrees that the person killed was very, very bad (even after the fact), it should be totally acceptable to all good Americans. Anyone who has a problem with it is clearly in league with those very, very bad people.

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