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DOJ: We Can Force You To Decrypt That Laptop
betterunixthanunix writes "A mortgage-fraud case may have widespread implications for criminals who use cryptography to hide evidence. The US Department of Justice is pushing for the defendant to be forced to decrypt her hard drive, claiming that if they cannot force such decryptions, law enforcement will be unable to gather important evidence. The defendant's lawyer and the Electronic Frontier Foundation have made the claim that forcing such a decryption would be a violation of the defendant's fifth amendment right not to self-incriminate. The prosecutor in the case has insisted that the defendant would not be forced to disclose her passphrase, but only to enter the passphrase into a computer to decrypt the drive."
Whoever said that you have to arrange your papers and effects in such a way that the government can understand it?
Does this also apply to paper documents?
Are you not allowed to write your thoughts in a coded manner?
Is it also OK to use euphemisms in your diary?
Is it the government's position that you also have to interpret your diary for the prosecution?
I'm not a lawyer, but I play one on the Internet. Blog
You shouldn't need to be forced to clear yourself either.
The thing about encryption is that it isn't so much a "safe", it's more analogous to a private citizen having their own moon on which to store valuables.
It is more akin to speaking and writing everything in your own private language, and forcing the police to determine how to translate that language.
Palm trees and 8
I hope the defendant doesn't give in. Personally, I'd rather sit in jail on contempt of court charges than go to big boy prison for whatever the state were investigating me for. At least with the contempt of court charges, I run the chance of becoming a cause celeb for standing up for principles, which is way better than being convicted of a crime.
I got into an argument about this very case with my (non-American) girlfriend the other day. She honestly doesn't get the fifth amendment and assumes that anyone who invokes it is basically admitting guilt, which isn't the case. She's from central America. You would think that people down in that part of the world would have some recent memory of unjust laws. Just because something is the law, doesn't make it right, and it is better for all of us that we keep the fifth amendment intact for cases when the law is not just than to violate it just so that someone can get convicted of fraud, murder or anything else.