Re:Court rules that people can't be locked up indefinitely f...
by phkahler on Thursday February 13, 2020 @02:08AM
(#22315915)
It's more like they can make you open a safe. It's too bad for you if you kept someone's head in that safe.
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Re:Court rules that people can't be locked up indefinitely f...
by CiPHPerCoder on Thursday February 13, 2020 @02:38AM
(#22316011)
No, it's not more like making you open a safe.
Telling someone the encryption key is being compelled to act as a witness against yourself, which the 5th amendment provides protection against (if used).
Re:Court rules that people can't be locked up indefinitely f...
by JoeSmithson on Thursday February 13, 2020 @03:04AM
(#22316107)
No it's not. The information you provide (the password) is not admitted as evidence in the trial. It's more like being compelled to act as a confidential informant against yourself.
There's no prospect of this being used to bring about a wrongful conviction through coercing a confession.
Re:Court rules that people can't be locked up indefinitely f...
by adgasf on Thursday February 13, 2020 @07:30AM
(#22317204)
If the key is not evidence then how can they prove that they got the incriminating files from the encrypted drive?
Re:Court rules that people can't be locked up indefinitely f...
by JoeSmithson on Thursday February 13, 2020 @09:04AM
(#22317782)
A forensic scientist would testify that they extracted the files from there.
It is exactly the same as when a confidential source gives up an address (for example) the source never gets into evidence.
Re:Court rules that people can't be locked up indefinitely f...
by CiPHPerCoder on Thursday February 13, 2020 @10:10AM
(#22318273)
The whole point of strong encryption is to prevent adversaries (including forensic scientists) from extracting any information without possession of the key.
If the key involves a password that you, a human, have memorized in your squishy pink organ, it's privileged under the Fifth Amendment. (This hasn't been tested in court yet, of course. There's no precedent to fall back on.)
Re:Court rules that people can't be locked up indefinitely f...
by emiliobumachar on Thursday February 13, 2020 @07:40AM
(#22317246)
Encryption is different in that all safes can be opened with physical access and a few days of expert work at most.