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US Appeals Court Upholds Suspect's Right To Refuse Decryption

An anonymous reader writes "The U.S. 11th Circuit Court of Appeals has found that forcing a suspect to decrypt his hard drive when the government did not already know what it contained would violate his 5th Amendment rights. According to Orin Kerr of the Volohk Conspiracy, 'the court's analysis (PDF) isn't inconsistent with Boucher and Fricosu, the two district court cases on 5th Amendment limits on decryption. In both of those prior cases, the district courts merely held on the facts of the case that the testimony was a foregone conclusion.'"

5 of 358 comments (clear)

  1. How can they force you to remember something? by backslashdot · · Score: 5, Funny

    Seriously, cause my own memory really sucks, it would be nice if i could make myself remember things. How do i waterboard myself?

  2. Re:Only when they don't already know? by Anonymous Coward · · Score: 5, Funny

    So the government just have to say: we know that you harddrive contains X, and they force you to decrypt it.

    Of course, when it is decrypted and it turns out that it didn't contain X, they will just say... sorry!

    Hogwash. No way they're going to say sorry.

  3. Re:Only when they don't already know? by medcalf · · Score: 4, Funny

    While I admit that having troops quartered in your house might, in fact, result in them making unreasonable searches and seizures, I suspect you should reread the Bill of Rights.

    --
    -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
  4. Re:Go Truecrypt!!!!! by gatkinso · · Score: 2, Funny

    You realize that TrueCrypt is a honeypot, right?

    --
    I am very small, utmostly microscopic.
  5. Re:Simple: the data no longer exists by izomiac · · Score: 5, Funny

    With a safe, if it's locked, the contents still exist.

    And that is why I always place my important documents in a locked safe with a tiny radiation source and a Geiger counter. If the Geiger counter detects radiation, then a thermite charge is activated. Due to my poor understanding of a 77 year old reductio ad absurdum of the Copenhagen interpretation, my documents neither exist nor don't exist! And I surely cannot be compelled to collapse the waveform by a court of law, the constitution gives them no power over quantum physics.