DOJ: We can force you to decrypt that laptop

Re:DOJ: We can force you to decrypt that laptop by evilduck on Monday July 11, 2011 @01:01PM (#2751518)

You still make the assumption that the prosecuted knows the password and is implicitly guilty.

Imagine for a second that I was less technically minded and didn't use encryption and I purchased a used laptop from someone who did, I then get caught up in the legal system (guilty or innocent for the charged crime, it doesn't matter, but I did not use encryption) and some prosecutor has a warrant to compel me to unlock that encrypted volume, else I be held in contempt. What now?

[ Parent | on HN ]

Re:DOJ: We can force you to decrypt that laptop by boucher on Monday July 11, 2011 @01:27PM (#2751617)

But, in the hypothetical counter example where the prosecution had evidence of you using the encrypted volume (let's say, a convincing photograph or video), would you then grant the prosecution the right to compel the decrypted information?

[ Parent | on HN ]

Re:DOJ: We can force you to decrypt that laptop by dexen on Monday July 11, 2011 @01:55PM (#2751726)

That actually was answered by a court quite recently, and is mentioned in the OP.

A guy going through border guards control somehow let them see he had illegal images on his laptop. The court concluded he is no longer protected by Fifth Amendment because of that, and ordered him to EITHER reveal the password OR give access to the (encrypted) content in question in some other way.

http://news.cnet.com/8301-13578_3-10172866-38.html?tag=mncol...

[ Parent | on HN ]

Re:DOJ: We can force you to decrypt that laptop by sorbus on Monday July 11, 2011 @01:30PM (#2751633)

You would have explained the origin of the encrypted data on the laptop, and they would either drag the person who was the origin into the case as a defendant or have him testify. It's really quite simple; they're not just asking "what is the password?" and ignoring any answer that isn't the password, as you seem to think.

If you were to refuse to give the password under the grounds that someone you refuse to identify sold you the computer with the encrypted data already on it, then you would rightly be considered to be lying because that's the most plausible case for that behavior.

[ Parent | on HN ]

Re:DOJ: We can force you to decrypt that laptop by cbs on Monday July 11, 2011 @02:28PM (#2751865)

Assuming the original owner can be identified (I've bought a laptop off of craigslist with no way to find the previous owner even a day later), found (contact data is still valid, person is willing to cooperate with the investigation), is willing to corroborate your story (what if the laptop was, unbeknownst to the buyer, stolen property or the seller pleads the 5th and/or lies about the encrypted files), and that the prosecution is willing to believe the both of you.

It is simple, but relies on a WHOLE lot of faith in the system.

you would rightly be considered to be lying because that's the most plausible case for that behavior.

If you're going to be held in contempt (as the GP seems to be discussing) just for something that is the most plausible of options kind of destroys the judiciary's position of dealing with the complex unforeseen circumstances that arise in law. The most plausible situation is that OJ killed his wife, but we don't carry out justice with such imprecision.

[ Parent | on HN ]

Re:DOJ: We can force you to decrypt that laptop by VladRussian on Monday July 11, 2011 @04:34PM (#2752409)

>they're not just asking "what is the password?" and ignoring any answer that isn't the password, as you seem to think.

>If you were to refuse to give the password [...], then you would rightly be considered to be lying...

exactly. This is why you have the right to remain silent. You're not "refusing to give the password under the grounds", you're not giving "answers that isn't the password". You're just silent. A vegetable. Otherwise any answer, like you explained it yourself, can be used against you.

[ Parent | on HN ]