Slashdot Mirror

← Back to Stories (view on slashdot.org)

Encryption Passphrase Protected by the 5th Amendment

Posted by CmdrTaco on from the my-password-is-password dept.

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.

4 of 537 comments (clear)

  1. This ruling is both good and bad... by elangomatt · · Score: 0, Troll

    I can see the judges point that says that the accused doesn't need to give out his pass phrase because the contents of the encrypted data would send him to jail for sure. On the other hand though, if this precedent stays on the books, a smart criminal will just encrypt the incriminating data and will never be able to be prosecuted based on the computer data (assuming he memorizes a strong password). Does that mean that terrorists will be protected too when they encrypt plans for the next attack on their computer?

  2. Re:But but but! by LiquidCoooled · · Score: 0, Troll

    Even Worse!
    Unwashed Hippies!

    --
    liqbase :: faster than paper
  3. Re:But but but! by Daimanta · · Score: 0, Troll

    Even even worse!

    Unwashed pinko commie hippies!

    --
    Knowledge is power. Knowledge shared is power lost.
  4. Re:I was wondering... by Tony+Hoyle · · Score: 0, Troll

    What's wrong with that? It would seem to be the whole point.

    I can't understand the USians saying that it's OK for the law to block a criminal investigation... just don't get it at all.