Judge Orders Defendant to Decrypt Laptop

[Quantum Windbag]

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.

TrueCrypt is freeware, and essentially unbreakable, even if the NSA were to divert resources in a mortgage fraud case.

That aside, since the government granted immunity to the woman who they say owns the laptop there is no real reason she can stand on self incrimination grounds unless they are alleging that merely possessing the laptop is illegal. In that case, knowledge of the password would demonstrate guilt. I actually expect this to hold up.

 

[Quantum Windbag]

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

Suppose the court demands you hand over documents that are in Finnish, and they then ask you to translate them because no one in the office speaks Finnish, do you think that is permissible, or should the government be forced to translate on their own?

 

[Quantum Windbag]

I'm missing the unconstitutional part.

You cant force someone to self incriminate.

The woman would be doing such if she unlocked the computer..

It's not her duty to provide the state with evidence.

This would be no different than forcing a person to confess to a crime they didn't commit..

Unlocking her computer would be akin to unlocking her door when they show her a warrant.

It is more like handing over the keys to your safe when the warrant is for your garage. The government does not actually have proof there is anything on the laptop, which is why they are granting her immunity.

 

[jillian]

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

i'm guessing the court will agree with that.