Federal prosecutors want a judge to order a Colorado woman to provide the password to decrypt her laptop, which the government seized with a search warrant.
With backup from digital rights groups, the woman is fighting the feds, arguing that being forced to provide her password violates the Fifth Amendment’s protection against forced self-incrimination.
Colorado U.S. District Judge Robert Blackburn is expected to rule any day on whether to force defendant Ramona Fricosu to decrypt her Toshiba Satellite M305, which authorities seized from her in 2010 with a court warrant while investigating financial fraud.
The case is being closely watched by digital rights groups, as the issue has never been squarely weighed in on by federal courts, and the Supreme Court has never addressed the issue.
But a factually similar dispute involving child pornography ended with a Vermont federal judge ordering the defendant to decrypt the hard drive of his laptop. While that case never reached the Supreme Court, it differed from the Fricosu matter because U.S. border agents already knew there was child porn on the computer because they saw it while the computer was running during a 2006 routine stop along the Canadian border.
The Electronic Frontier Foundation’s Marcia Hoffman said (.pdf) in a court filing that the very act of requiring Fricosu to input her password into the laptop would be incriminating “because it might reveal she had control over the laptop and the data there.”
Assistant U.S. Attorney Patricia Davies said(.pdf) said there is no Fifth Amendment breach, and that it might “require significant resources and may harm the subject computer” if it tried to crack the encryption.
Full disk encryption is an option built into the latest flavors of Windows, Mac OS and Linux, and well-designed encryption protocols used with a long passphrase can take decades to break, even with massive computing power.
The authorities countered the EFF, telling Judge Blackburn that the “government knows that the defendant had access to, and control over, the subject computer immediately prior to the search warrant execution because it was found in her bedroom, on top of the laptop case.”
The feds also played the terror card.
Davies said that, if the defendant is not compelled to unlock her computer, that would amount “to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.”
Photo: Some girl named Jen/Flickr
Authors:
 Le principe Noemi concept
		    			Le principe Noemi concept			   
			 Astuces informatiques
		    			Astuces informatiques			   
			 Webbuzz & Tech info
		    			Webbuzz & Tech info			   
			 Noemi météo
		    			Noemi météo			   
			 Notions de Météo
		    			Notions de Météo			   
			 Animation satellite
		    			Animation satellite			   
			 Mesure du taux radiation
		    			Mesure du taux radiation			   
			 NC Communication & Design
		    			NC Communication & Design			   
			 News Département Com
		    			News Département Com			   
			 Portfolio
		    			Portfolio			   
			 NC Print et Event
		    			NC Print et Event			   
			 NC Video
		    			NC Video			   
			 Le département Edition
		    			Le département Edition			   
			 Les coups de coeur de Noemi
		    			Les coups de coeur de Noemi			   
			 News Grande Région
		    			News Grande Région			   
			 News Finance France
		    			News Finance France			   
			 Glance.lu
		    			Glance.lu			   
			




 
	       
	       
	       
	       
	       
	       
	       
	       
	       
	      




