[PSA] Appeals Court Allows Man To Be Jailed Indefinitely For Refusing To Decrypt Hard Drives

The man was charged with contempt of court under the authority given to the courts under the All Writs Act of 1789, the same law that federal prosecutors tried to use against Apple last year to force Apple to help decrypt a dead terrorist's iPhone. The former police officer was in jail for nearly 18 months. He will not be released until the judge lifts the order, or until the order is overturned on an appeal, or if he decides to hand over the decryption keys. The Electronic Frontier Foundation (EFF) has filed an amicus brief with the court in support of the appeal. The EFF requested the man be released from jail for two primary reasons.

https://www.deepdotweb.com/2017/04/06/appeals-court-allows-man-jailed-indefinitely-refusing-decrypt-hard-drives/


Comments


[70 Points] None:

Law enforcement identified the hash values of files known to contain child pornography and saw that the man was downloading them and sharing them on Freenet.

and

The prosecution has been able to recover an image from the man’s unencrypted MacBook hard drive, and the man’s sister reported that the man had shown her child pornography on his computer.

So it seems they had some other decent evidence that the computer had illegal content, and the court used that to justify requiring him to decrypt it. I wonder if receiving a package in the mail would be evidence enough to justify this on a DNM user?


[28 Points] None:

[deleted]


[6 Points] None:

I'd be so fucked if I got in this situation.

I use keyfile + password for my containers. I keep the file and the password (it's too long to remember) on a pen drive. I mount the container, copy over the files to it, then secure erase the pen drive.

When I need to unmount I copy them back to the pen drive. So if something ever happens, I'm raided (or if God just hates me and I have a power cut), I have literally no way to open my containers.

It's secure, but kinda scary because of things like this. It's only stuff for my dark net markets, and private vids/pictures of my missus who passed away in 2013 (it was the only way I was allowed to keep em around ha, and it only felt right to keep doing it after her death).

Can you imagine the conversation though trying to explain my way out of it...

EDIT: "to keep doing it", not "to not keep doing it"


[5 Points] unkz:

That's kind of interesting, because from what I understand, people aren't entirely in control of what content a freenet client downloads. At least a portion of the total network content is just delegated to people. Although I guess the extra content that isn't delegated by hash could be identified as having been explicitly requested.


[3 Points] balloonsandbuffoons:

unconstitutional alert


[4 Points] None:

I do not, in any way, think this man should be freed. I don't understand how the All Writs Act of 1789, which states "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." can be used to compel a man to violate his Fifth Amendment Right?


[2 Points] whatisopsec:

Here is what is going on. There are multiple credible reports that the man has child pornography on the computer. It is not a question of "might" the government knows it is there. He lacks defense against self incrimination because he has already sufficiently incriminated himself.


[1 Points] ShitQuantikSays:

This is old news, and dude was storing CP.

He can rot in his cell.

Edit: this was published like 2.5-3 weeks ago.


[1 Points] lsdinsane:

Child porn is gay


[1 Points] salvagebanana:

Welcome to the Hotel Fifth Amendment. Enjoy your stay.


[-9 Points] alphagaysupport:

He had a bunch of child porn. They can fucking kill the guy for all I care