US District Ct. Says Defendant Must Provide Decrypted Data

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."

Comments

Re:5th Amendment

[Achromatic1978]

Actually, the more I read that document, the more it comes across as "FUCK PIGS". Suggestions such as waiting to talk to your buddies so you can get your stories straight, making sure "ahead of time" (ahead of time? you mean like a premeditated act?) that everyone in your group "knows not to rat on each other", "don't tell a cop you don't think they have reasonable suspicion, that'll just remind them to make up a good story" ... bleh.

Re:Whats on the laptop, son?

[RichardJenkins]

Pervert.

Re:Everyone, please watch this

[commodore64_love]

>>>Also, the judge is full of shit. You have the right to shut up at any time

Agreed. When I was stopped by Homeland Insecurity at an internal checkpoint, I initially cooperated with them by answering their questions ("Yes I'm a U.S. citizen." "No I came from Maryland, not Mexico."), but when they asked to search my trunk I refused. As is my right. You are allowed to shut-up or deny access to your property at any point you desire.

The judge IS full of shit. Probably a liberal who believes the government == good and therefore can do no wrong, and therefore we should all submit happily to searches of our cars, homes, or laptops, because the Constitution is just a "guideline" not the law.

If you the government official believe there's contraband, obtain a warrant and list the evidence you have acquired to demonstrate probable cause (example: "He was sighted handing money to a child while holding a camaera."). Without that, I will go to jail before I decrypt my laptop. I will not give up my rights, even if you torture me. There is a higher law than the law of man. It's called Natural Rights Philosophy and dates back over 2000 years.