Re:Feds Want Judge to Force Suspect to Give Up Laptop Password
by dieselweasel on Thursday January 05, 2012 @07:00PM
(#3431224)
A thought experiment:
Let's say I, a Canadian Citizen, asked someone in Canada to enter a passphrase to encrypt the data on my computer but not tell me what the passphrase is until I safely get to my destination.
I cross the border into the US where my laptop is seized.
The case goes to court where a judge orders me to decrypt the contents of the hard drive... but I can't because I don't have the passphrase.
I'm assuming the court would not have the power to order the only person with the passphrase to enter it because they are not in a jurisdiction under the courts control.
What could they compel me to do? What sanctions could they bring to bear against me for not providing information I don't have?
Let's say I, a Canadian Citizen, asked someone in Canada to enter a passphrase to encrypt the data on my computer but not tell me what the passphrase is until I safely get to my destination.
I cross the border into the US where my laptop is seized.
The case goes to court where a judge orders me to decrypt the contents of the hard drive... but I can't because I don't have the passphrase.
I'm assuming the court would not have the power to order the only person with the passphrase to enter it because they are not in a jurisdiction under the courts control.
What could they compel me to do? What sanctions could they bring to bear against me for not providing information I don't have?