Appeals court rules Fifth Amendment applies to hard drive decryption

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#1

Appeals court rules Fifth Amendment applies to hard drive decryption.

[newsimage]http://static.rankone.nl/images_posts/2012/02/t0o6S.jpg[/newsimage]On Thursday the Eleventh Circuit Court of Appeals overturned a Florida contempt of court charge against a suspect in a child pornography case. In that case the defendant refused to decrypt the contents of several encrypted hard drives. The appeals court ruled that in this case the 5th Amendment protected the defendant against the forced decryption of his hard drives.


Read the full article here: [http://www.myce.com/news/appeals-court-rules-fifth-amendment-applies-to-hard-drive-decryption-59354/](http://www.myce.com/news/appeals-court-rules-fifth-amendment-applies-to-hard-drive-decryption-59354/)


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#2

Why wouldn’t it be protected by the Fifth Amendment? You do not have to do/say anything that incriminates yourself. That means decrypting your hard drive.


#3

It depends if the authorities have evidence of what is on the hard drive (like the recording of Ramona’s phone call). Then it’s “withholding evidence”.


#4

It sucks that in this case a pedophile wins, but I like the fact that the constitution is upheld.


#5

[QUOTE=iamrocket;2624058]It sucks that in this case a pedophile wins, but I like the fact that the constitution is upheld.[/QUOTE]

Indeed. But in order to protect our rights to freedom of speech and privacy we must endure the few bad apples in this world. There was a famous quote which I forget who was by and is not entirely correct in my retelling which basically says they will stand up for the rights of evil doers in order to protect those self same freedoms.

By the way here in the UK we are offered no such protections. The RIPA act says that if you refuse to provide the key you can go to prison for 3 years and they can keep asking you after each successive sentence thus keeping you in prison indefinitely. Even if you forgot the password and cannot prove to them you forgot it!


#6

Child Pornography is horrible but I believe the judge did uphold the constitution in this case and that’s amazing because it can be used as an example in other cases.


#7

[QUOTE=SilverHedge42;2624282]Child Pornography is horrible but I believe the judge did uphold the constitution in this case and that’s amazing because it can be used as an example in other cases.[/QUOTE]

Yeah, I hate the fact child pornography exist and those whom engage in it. But for this case they were doing a fishing expecdition to find what was on the hard drive. They didn’t know what was on there and had no court order doing a search for something they didn’t know existed or didn’t exist on the hard drive. The very fact they could go on a fishing expedition without evidence or proof that they knew was on the hard drive but that they presumed was on but had no evidence to show they had no evidence to go on. In this instance the court did real correct even though that person is a scum of the earth but then again that is why we have the Constitution to prevent fishing expedition when the government can even show facts or evidence but must go fishing to find it to show it.


#8

[QUOTE=coolcolors;2624303]Yeah, I hate the fact child pornography exist and those whom engage in it. But for this case they were doing a fishing expecdition to find what was on the hard drive. They didn’t know what was on there and had no court order doing a search for something they didn’t know existed or didn’t exist on the hard drive. The very fact they could go on a fishing expedition without evidence or proof that they knew was on the hard drive but that they presumed was on but had no evidence to show they had no evidence to go on. In this instance the court did real correct even though that person is a scum of the earth but then again that is why we have the Constitution to prevent fishing expedition when the government can even show facts or evidence but must go fishing to find it to show it.[/QUOTE]

My view is the laws on the books such as the Patriot Act’s 1,2,3 are already giving authority’s lots of tools but with these new tools should be a balance and not abuse but the government is good at abusing it’s power and over reaching.


#9

Citizens deserve protections even if it comes from a judge here or there anybody accused of something should have rights until proven other wise we can’t assume by default that the person is guilty just cause his or her hard drive is encrypted maybe they have private information such as business transactions, etc or other personal info that’s of a innocent nature.