Currently Before US Court of Appeals: Does Ordering Plaintiff to De-crypt Hard Drive by Entering Password Violate the 5th Amendment?
[59 Points] Vendor_BBMC:
[27 Points] NotTRYINGtobeLame:
Let's say the court rules that a person can be ordered to decrypt their hard drive. What happens if the person legitimately can't remember the password or something?
[14 Points] Piranhax:
Someone needs to write/use a encryption program that has 2 password keys. 1 for 100% real unencryption, and the other one that will wipe bit bleach predetermined data, and leave all other data unencrypted intact. So if compelled to give the unencrypt password, Well okay here ya go.
[9 Points] joeycapone:
When I read, nearly all the time, of child porn busts, I always ask myself why those people didn't simply encrypt their hard drives. I guess this may render that question moot.
Although, I suppose if I had to choose, I personally would rather be in prison on a contempt charge than a kiddie porn charge.
[4 Points] None:
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[3 Points] Magicpurpleponyrider:
They should make tails have 2 passwords that you can use, one opens tails and one destroys all saved daya
[3 Points] smoothone61:
This is a direct result of those who WANT bigger government. The bigger it gets the more power they try to seize.
This is what wanting government into your lives and more free stuff gets you.
[2 Points] Wombattington:
Use a Yubikey. Keep it separate from your computer stuff. If/When they seize your computer destroy the Yubikey. Legitimately be able to say you don't have the password.
[2 Points] bmoreproduct1:
To think in the year 2016 this is even a debate. How could any judge order someone to help the prosecution IN THEIR OWN PROSECUTION?
[1 Points] None:
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[1 Points] Darkerthebetterdrugs:
Legitimate question. Can we just make a password that when we enter it, the Hd corrupts itself?
[1 Points] bmoreproduct1:
1.How could this even be entertained. When under investigation you are free to plead the 5th to avoid answering any and all questions. When the cops come to question you you are free to tell them you don't want to talk to them. How can the government say that the right to remain silent doesn't apply to passwords?
How can the government say that you are compelled to help the prosecution in anyway shape or form? Will people suspected of murder be imprisoned until they tell the judge where the body is?
The government's lawyer is comparing giving a password to a file clerk giving a key to a shelving unit. This is a terrible analogy. The better analogy would be to compare an encrypted hard drive to ciphered text.
[-8 Points] itwasabaddream:
Article too long. Post a tl;dr please. Thanks.
The NSA is seeking to make it a federal offense to whisper, in case terrorists use it as a form of communication. The Boston bombings could have been prevented if the plotters had shouted their plans to each other in public on the day.
There is still some internal debate about blinds, shutters, drapes and curtains. It's thought that many terrorists use these to hide their terrorism preparation from prying eyes.