Judge Orders Defendant to Decrypt Laptop

Discussion in 'Politics' started by Contumacious, Jan 25, 2012.

  1. Contumacious
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    Contumacious Radical Freedom

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    Judge Orders Defendant to Decrypt Laptop


    [​IMG]

    A judge on Monday ordered a Colorado woman to decrypt her laptop computer so prosecutors can use the files against her in a criminal case.

    The defendant, accused of bank fraud, had unsuccessfully argued that being forced to do so violates the Fifth Amendment’s protection against compelled self-incrimination.

    “I conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,” Colorado U.S. District Judge Robert Blackburn ruled Monday. (.pdf)

    The authorities seized the laptop from defendant Ramona Fricosu in 2010 with a court warrant while investigating financial fraud.

    The case is being closely watched (.pdf) by civil rights groups, as the issue has never been squarely weighed in on by the Supreme Court.

    Full disk encryption is an option built into the latest flavors of Windows, Mac OS and Linux, and well-designed encryption protocols used with a long passphrase can take decades to break, even with massive computing power.

    The government had argued that there was no Fifth Amendment breach, and that it might “require significant resources and may harm the subject computer” if the authorities tried to crack the encryption.

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    Scumbag Federal Courts "Judges" have USURPED Judicial Immunity and this is the end result - they can ignore the Constitution with impunity !!!!!!!!!!!!!!!!!!

    .
     
  2. Contumacious
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    Contumacious Radical Freedom

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    When Dr Paul RESTORE then ENFORCE the Constitution HONEST Judges will be nominated to the Supreme Court who will find no authority to USURP Judicial Immunity.

    .
     
  3. Mr.Nick
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    Mr.Nick VIP Member

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    Yep and it's tyrannical...

    Our government (mostly democrats) could give a rats ass about the Bill of Rights...

    Our judicial system has gone mad.

    If they want those files then they can use their own means or resources to get them - that woman has a Fifth Amendment right....

    If I was in her position I would just say: "I don't know the password" and that would be the end of it.

    Unfortunately she made it clear she knows the password - even then she should tell the tyrants to go fuck off..

    This case should go to the SCOTUS...
     
  4. Mr.Nick
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    Mr.Nick VIP Member

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    I've been following this case for a while. I love the reasoning behind the states argument - that their techs could potentially damage evidence if they attempted to hack the computer...

    WTF.... So what... They don't want to damage potentially incriminating evidence, so they attempt to force the woman to give them potentially incriminating evidence.... AND THAT IS NOT A FIFTH AMENDMENT VIOLATION??? If that's not then what is????
     
  5. Baruch Menachem
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    Baruch Menachem '

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    Under the 4th amendment the law has the right to search your house and sieze any contents that the judge thinks relavent to a court case. The law can't compel you to plead guilty, or to say anything. But anything you do say is permissible to record.

    Also, what we have here is the equivalent of a locked cabinet. Under the 4th amendment, the government can compel you to produce the keys. (usually they don't bother. They just break the lock or call in a locksmith )

    I am pretty sure that any algorithm that Windows has, the NSA can break.
     
  6. xotoxi
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    xotoxi Platinum Member

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    Better idea...defendant can either decrypt or remain in jail until the government can decrypt.
     
  7. Contumacious
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    Contumacious Radical Freedom

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    Unfortunately the 4th and 5th Amendments have been destroyed by SCOTUS.

    BTW, it was them who encouraged the doctrine of Judicial Immunity

    Clothed with the power of the state and authorized to pass judgment on the most
    basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution.

    Pierson v. Ray, 386 U.S. 547 (1967)

    .
     
  8. konradv
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    konradv Gold Member

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    Don't see that as a 5th amendment breach. It's totally analogous to asking for documents to be handed over to the court.
     
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  9. Mr.Nick
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    Mr.Nick VIP Member

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    No they don't have the right to compel you to give them the keys - that would be a FIFTH AMENDMENT violation...

    If they want the contents of that cabinet they can get to the contents using their own means......
     
  10. G.T.
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    G.T. Diamond Member

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    I'm missing the unconstitutional part.
     

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