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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.

12 of 537 comments (clear)

  1. Re:But but but! by Urger · · Score: 5, Funny

    Worse!
    Liberals!

  2. Re:If not anything else... by Rob+the+Bold · · Score: 4, Funny

    Well excu-u-u-u-use me!

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    I am not a crackpot.
  3. Re:If not anything else... by Joe+The+Dragon · · Score: 4, Funny

    don't waterboard me bro.

  4. Re:But but but! by BlueParrot · · Score: 2, Funny

    Citizens

    Oh shit, did I say that out loud?

  5. Re:A good ruling but... by fizzding · · Score: 3, Funny

    What if the key itself is incriminating? Supposing his passphrase was "I like to touch little boys", I think that would be just a tad condemning given the circumstances.

  6. Re:Wanna bet? by garbletext · · Score: 4, Funny

    That is assuming a higher court doesn't reverse this decision in some manor.
    I think the best court rulings come out of Wayne Manor, because that way the justices can ask Batman's advice. Let's face it, he's got more jurisprudence in one compartment of his utility belt than the average judge can fit into an oversize novelty gavel.
  7. Re:If not anything else... by garbletext · · Score: 3, Funny

    The punishment for being held in contempt is child's play compared to the one he'd get for all the "child's play" on his laptop.

  8. Re:I was wondering... by sYkSh0n3 · · Score: 4, Funny

    Bush has the comic shop guys keep track of that kinda stuff. Just the other day, i walked in and the guy behind the counter said "Back again, eh?"

    Now if that isn't proof i don't know what is!

  9. Re:If not anything else... by GuldKalle · · Score: 2, Funny

    You mean spam, egg, sausage and spam?

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    What?
  10. I have very long passphrases by Britz · · Score: 1, Funny

    that are hard to remember. I lost a bunch of stuff, because I couldn't remeber the passphrase. Now they want me to rot in jail if I happen to forget one that they need from me?

    That's mean!

  11. Re:Better use of a botnet? by Bonzoli · · Score: 2, Funny

    Or they wait 6 years, and crack it in 10 seconds with their wrist watch.

  12. Re:First post by Xichekolas · · Score: 2, Funny

    If that is the content of AC's brain, I'd hate to see his PGP passphrase...

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    Self-referential Sigs are cool on /. these days...

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