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Judge Rules Man Cannot Be Forced To Decrypt HD
I Don't Believe in Imaginary Property writes "In Vermont, US Magistrate Judge Jerome Niedermeier has ruled that forcing someone to divulge the password to decrypt their hard drive violates the 5th Amendment. Border guards testify that they saw child pornography on the defendant's laptop when the PC was on, but they made the mistake of turning it off and were unable to access it again because the drive was protected by PGP. Although prosecutors offered many ways to get around the 5th Amendment protections, the Judge would have none of that and quashed the grand jury subpoena requesting the defendant's PGP passphrase. A conviction is still likely because prosecutors have the testimony of the two border guards who saw the drive while it was open." The article stresses the potential importance of this ruling (which was issued last November but went unnoticed until now): "Especially if this ruling is appealed, US v. Boucher could become a landmark case. The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for the last decade arguing the merits of either approach."
Update: 08/19 23:49 GMT by KD : Several readers have pointed out that this story in fact did not go unnoticed.
Update: 08/19 23:49 GMT by KD : Several readers have pointed out that this story in fact did not go unnoticed.
Border guards testify that they saw child pornography on the defendant's laptop when the PC was on
wow, so cops testify that it's true? that's good enough for me!
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Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
What does that make us who may have a girlfriend who dress in school girl outfits for us?
Liars.
What does that make us who may have a girlfriend who dress in school girl outfits for us?
lucky bastards?
How we know is more important than what we know.
Or what about those of us who dress in school girl outfits for our girlfriends?
Total nerds? Freaks? Transvestites? Gender benders? Have to say it's fun, though.
Don't you remember 9/11, when terrorists flew child porn into the WTC?
For shame, fuzzyfuzzyfungus. For shame.
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ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
So, if I enter the country without a warrant, I can expect to be violated in various cavities. ewwww...
Other than this text, there is no discernible information contained in this sig.
If you have nothing to hide, just turn over the password. Something tells me little nuts has something to hide. Burn him
Here, we have a story which is not only over 8 months old, but is also a dupe. That has to be some kind of a record.
You must be new here...
ha one time I was at this cafe, and as the waiter walked up behind me, I opened the lid of my laptop, and my browser was running, and inside it, a porno picture, full screen! ha Boy was my face red. I fumbled and said "Hey, why are you putting porn on my pc!" The guy just laughed.
Asses are for crapping, not screwing.
What I wear while fantasizing about my wife is none of your concern.
Okay, I don't want my nether hole searched next time I enter the US. Where do I apply for the warrant???
(Some 12 years ago, I crossed into the US through a very remote border post in Maine, and I was wearing a fanny pack that one customs agent wanted to search. So I handed it to him, and he ran his finger through the small change with exactly the same look of a pervert who sifts through a pile of women underwear. Really creepy).
Well option 'c' is always open, even if it's illegal it's like you said "After all, waterboarding leaves no marks so it would just be his word against theirs". I guess you just have to learn how to not give up your rights under moderate torture. (or quit being a pedophile)
“Common sense is not so common.” — Voltaire
It's the Catholic Church and other organizations that dress up young girls in such hot outfits who are sick.
I swear, Your Honour, she's a 9000 year old space alien with the appearance of a 12 year old human female!
Anyone can "stand up for what they believe", but it takes a very brave individual to change what they believe. - Loundry
-That is correct. I saw a real underage girl dressed in a school uniform being raped by a tentacle alien.
-So your honor, this proves aliens do exist and the government is covering it up!
If only you thought to market it to pedophiles! :(
Anyone can "stand up for what they believe", but it takes a very brave individual to change what they believe. - Loundry
Or
d) Under the pressure to solve a single case, the US Government could collapse in on itself, causing a new despotic regime to overtake what was a storied and noble system of checks and balances. The defendant's entire extended family would be flayed alive in front of him out of sheer spite since he already gave up the information the government wanted under mere threat of what was to come. And then the nukes.
Wait, what were we talking about?
but have you considered the following argument: shut up.
he ran his finger through the small change with exactly the same look of a pervert who sifts through a pile of women underwear. Really creepy).
What's really creepy is that you're familiar with the looks of perverts who sift through women's underwear.
As Austin Powers would say:
That's not Sailor Moon, that's a man, baby.
I don't know about angles, but it's fear that gives men wings. -Max Payne
This myth was dispelled long ago, one example is gorilla warfare.
Freakin monkeys with freakin laser guns!
When information is power, privacy is freedom.
I think he means golf. Makes sense, I can't play that game unless I'm 3 sheets to the wind.
So how was your visit with the secret service?
Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
I'm not *really* talking about swimsuit photos, either, really. I'm sure at some point, some of them were wearing swimsuits, but that was well before the photos were taken. ;)
May I speak for all of us when I say "We wish you the best of luck!"
zosxavius photography
But are you a bad enough dude?
"We need to get over this notion, that, for Apple to win... Microsoft must lose." - Steve Jobs, 1997
The situation was different because the jurors wanted to support our troops.
I swear, Your Honour, she's a 9000 year old space alien with the appearance of a 12 year old human female!
Attourney: "Expert witness, what does your scanner say the character's age is?"
Witness: "It's over... NINE THOUSAND!!!"
(The Expert Witness crushes a blackberry in his hand)
Attourney: "What nine thousand?!?!"
First they came for the creepy Mexican pedophiles...
Just doesn't have the same ring.
This myth was dispelled long ago, one example is gorilla warfare. Europeans thought it cowardly to hide from your opponents instead of facing them openly on a field of battle. It wasn't cowardly, it was tactically sound.
Me still thinks those gorillas was darn cowards.
Border guards testify that they saw child pornography on the defendant's laptop
Law enforcement officials can view child porn without being law-enforced?
No. We saw it. We just don't care about this particular president anymore.