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Defendant Ordered To Decrypt Laptop Claims She Had Forgotten Password
wiedzmin writes "A Colorado woman that was ordered by a federal judge to decrypt her laptop hard-drive for police last month, appears to have forgotten her password. If she does not remember the password by month's end, as ordered, she could be held in contempt and jailed until she complies. It appears that bad memory is now a federal offense."
The article clarifies that her lawyer stated she may have forgotten the password; they haven't offered that as a defense in court yet.
Let me ask this (and display my ignorance): If I had a safe and a judge ordered it opened, and I claimed I'd lost the key, would I be held in contempt? Or would it just be forced open? Would this ever see the courtroom at all? Can lawful seizure require active participation of the accused?
If I claim to no longer be in possession of a piece of evidence, and don't know were it is, could I be held in contempt? Couldn't I plead the fifth? "You want to convict me? You go find it."
I'm trying to figure out the stare decisis on this topic (equal and consistent application of the law). It just seems so darn inconsistent.
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
In the UK it works like this: If the prosecution can show that you probably know the password then you can go to jail for up to two years for refusing to give it. The burden of proof appears to be lower than the usual "beyond reasonable doubt" that is normally required, and evidence can be highly circumstantial. For example if you decrypted the data the day before you get arrested they could say you must know it, even if you happened to wipe the key or change the password or just genuinely forgot since. Justice is slow in the UK so it could easily be 6+ months before you are even asked.
The stupidest part is that going to jail for two years and having the conviction expire (so you no longer have to declare it when applying for a job) after a few more years is infinitely preferable to, say, going down for 20 years on terrorism or being put on the Sex Offenders Register for life. It seems almost like a conciliation prize for the police when they have failed to gather any other evidence and would otherwise have to let the suspect go.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
The concept of innocent until proven guilty is widely misunderstood. It is the obligation of the jury to presume innocence. Nobody else. Not the prosecution. Not the police. Not the accuser. If it were their obligation, nobody would be charged with anything ever.
I don't remember any of my passwords. They are muscle memory. If I don't use them, in a week or two they are gone.
Now consider that they took the laptop away from her, preventing her from using it...
Realities just a bunch of bits.