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US District Ct. Says Defendant Must Provide Decrypted Data

Posted by timothy on from the narrow-ruling dept.

An anonymous reader writes "If you're planning on traveling internationally with a laptop, consider the following: District Court Overturns Magistrate Judge in Fifth Amendment Encryption Case. Laptop searches at the border have been discussed many times previously. This is the case where a man entered the country allegedly carrying pornographic material in an encrypted file on his laptop. He initially cooperated with border agents during the search of the laptop then later decided not to cooperate citing the Fifth Amendment. Last year a magistrate judge ruled that compelling the man to enter his password would violate his Fifth Amendment right against self-incrimination. Now in a narrow ruling, US District Judge William K. Sessions III said the man had waived his right against self-incrimination when he initially cooperated with border agents." sohp notes that "the order is not that he produce the key — just that he provide an unencrypted copy."

10 of 767 comments (clear)

  1. Re:5th Amendment by jockeys · · Score: 4, Funny

    exactly. or, as I thought to myself when I initially read this:

    "Why not just lie and provide a bunch of mundane TPS reports? They shouldn't be able to tell what the encrypted files are, it's mathematically infeasible to solidly prove that one way or another."

    --

    In Soviet Russia jokes are formulaic and decidedly non-humorous.
  2. Waived his right against self-incrimination... by SlashThat · · Score: 4, Funny

    ... when he initially cooperated? That's like saying that you wave your right for freedom of speech if you shut up for a moment.

    --
    1's and 0's should be free.
  3. Re:5th Amendment by Anonymous Coward · · Score: 2, Funny

    Uh, yeah. Did you get that memo? I'll make sure you get another copy.

  4. This poses an interesting problem. by Ifthir · · Score: 3, Funny

    How do we blame George W. Bush for this when Barack Obama is the president now?

  5. Whats on the laptop, son? by TiggertheMad · · Score: 5, Funny

    When asked at the border what that huge suspicious file is on your laptop, do you answer..."

    "I don't know, its a encryption contest. First person to decrypt the file gets $10,000."

    "Its a raw rendered animation. I am preparing my portfolio to send to Pixar."

    "Its a wadfile I'm assembling for an open source game file."

    "It's a dump of an old VAX proprietary database that my boss wants me to port to SQL."

    "Its a gig of encrypted kiddie pr0n."

    Think carefully now...

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Whats on the laptop, son? by Fluffeh · · Score: 5, Funny

      When asked at the border what that huge suspicious file is on your laptop, do you answer..."

      Well, lets have a look at that now, and see which is the most fitting answer:

      "I don't know, its a encryption contest. First person to decrypt the file gets $10,000."

      Guard: A $10,000 reward eh? I better have a look at this. I need a new holiday...
      Outcome: Laptop lost.

      "Its a raw rendered animation. I am preparing my portfolio to send to Pixar."

      Guard: A new animation going to Pixar eh? I better have a look at this, this could be freakin' cool!
      Outcome: Laptop lost.

      "Its a wadfile I'm assembling for an open source game file."

      Guard: A WAD file eh? What sort of open source sick stuff are you doing you whacko? Come into this little cosy room for a moment.
      Outcome: Laptop Lost. Arrested.

      "It's a dump of an old VAX proprietary database that my boss wants me to port to SQL."

      Guard: Oh, really, a secret mumbo jumbo database huh? Are you sure you aren't a TERRORIST?!? Is that a picture of the George Washington statue I see in your pocket? Better come with me!
      Outcome: Arrested for being terrorist. Thrown into waiting cell for six years.

      "Its a gig of encrypted kiddie pr0n."

      Guard: Oh come on, be serious, if you aren't going to do this baggage check stuff properly don't do it at all. Now shove off!
      Outcome: Guard doesn't believe such amazingly incriminating answer. Thinks you are obnoxious. Tells you to keep going.

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    2. Re:Whats on the laptop, son? by TheWizardTim · · Score: 1, Funny

      A friend of mine flew to Australia. When immigration asked if he had a criminal record, he responded, "No, do I need one?" They were not amused.

  6. Re:5th Amendment by John+Straffin · · Score: 5, Funny

    I dunno... I'd take everything that guy writes with a grain of salt.

    --
    My contempt for the behavior and beliefs of the two major political parties cannot be adequately expressed in 120 chara
  7. Re:5th Amendment by Anonymous Coward · · Score: 1, Funny

    You've apparently never driven on an American road...

  8. Re:One word: by Caboosian · · Score: 2, Funny

    Damnit Chloe!