Encryption Passphrase Protected by the 5th Amendment

Takichi writes "A federal judge in Vermont has ruled that prosecutors can't force the defendant to divulge his PGP passphrase. The ruling was given on the basis that the passphrase is protected under the 5th amendment to the United States Constitution (protection against self-incrimination)." The question comes down to, is your password the contents of your brain, or the keys to a safe.

Comments

Re:Sad state.

[explosivejared]

No, it's a good day that the fifth amendment is being upheld like this, especially in a child pornography case. The fact that there wasn't an immediate 20-life sentence when the guy said something to the effect of "i may have transferred child pornography." Child porn is despicable, but it's a boogeyman that has been used in numerous countries to get heavy-handed law enforcement policies legislated into being. That movement has been set back by this ruling. On top of that, this ruling bodes well for electronic encryption. I can't see why you would be sad that the 5th amendment was "questioned" like this. Be happy a judge upheld it. Oh that's right... I forgot whining and crying about "teh police state" is so much more important and helpful than supporting people, like this judge in Vermont, that actually stand up for individual liberties. Sorry man, really.