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Re:EFF: forced disclosure of encryption password violates 5t... by ams6110 on Friday July 08, 2011 @09:41PM (#2744760)
The counter argument is that the encrypted hard drive is like a locked filing cabinet in your house, which can be searched if a proper warrant is obtained.
Re:EFF: forced disclosure of encryption password violates 5t... by jdhopeunique on Friday July 08, 2011 @10:47PM (#2744864)
One could also say an encrypted hard drive is like the GPS location of a coffin containing a dead body. Can the authorities compel you to reveal the GPS coordinates of the body? If you deny any knowledge or reveal that you "forgot" the coordinates, could you be compelled to provide access to the evidence? What about GPS coordinates to a stash of drugs? At what point does revealing incriminating information become protected by the 5th amendment?
Re:EFF: forced disclosure of encryption password violates 5t... by cft on Friday July 08, 2011 @09:44PM (#2744763)
Do you need to provide a key for a locked filing cabinet to the authorities though? They are free to break the lock with a proper warrant.
Re:EFF: forced disclosure of encryption password violates 5t... by karzeem on Friday July 08, 2011 @09:46PM (#2744768)
You don't need to provide the key, just access to the contents. Or they can break the lock. But an encrypted drive is like an unbreakable lock.
Re:EFF: forced disclosure of encryption password violates 5t... by tlrobinson on Saturday July 09, 2011 @01:03AM (#2745063)
If you had an uncrackable safe could they compel you to open it though?
Re:EFF: forced disclosure of encryption password violates 5t... by karzeem on Saturday July 09, 2011 @04:10PM (#2746256)
Yes. They can't compel you to give them the means to open it (e.g. tell them the combination), but you can be forced to open it for them.
Re:EFF: forced disclosure of encryption password violates 5t... by cft on Saturday July 09, 2011 @05:50PM (#2746412)
Then if you are guilty say of murder, the best strategy is to refuse. In that case, you'd be only liable for contempt of court.
Re:EFF: forced disclosure of encryption password violates 5t... by abalashov on Wednesday July 13, 2011 @05:11AM (#2758327)
That depends on whether they can hold you indefinitely for contempt of court. It has been my understanding that in some jurisdictions, they can.