Discussion in 'Civil Rights & Privacy' started by Lisa Simeone, Feb 26, 2012.
Glory be! A rare bit of good news:
Court upholds Fifth Amendment, prevents forced decryption of data
This is just a short abstract & link to a longer & much more informative article:
Extreme Tech: US Appeals court upholds Fifth Amendment right to not decrypt hard drives
The complete text of the decision is here: http://www.ca11.uscourts.gov/opinions/ops/201112268.pdf (PDF)
One thing I hadn't realized about True Crypt is that it also encrypts the unusused portion of a drive so that the unused area -- like the used area -- just appears to be random bytes of data. When their forensics "experts" anaylize it, they can't tell which end is up. For all they know, the drive could be chock full of incriminating evidence, or it could be 100% empty.
If you really want to screw with their minds, buy a 1-2TB drive, encrypt it (empty, of course ), write "child porn" on the front, and turn yourself in.
This is a really good decision. Hopefully it will be the prevailing view once this issue reaches the Supreme Court.
thanks, but I'll pass on that one...
thanks for posting this, and to Mike for giving the link to the decision text. That was a very interesting decision, hinging around the testimonial aspect of producing the password.
as I was reading the history of this case, it occurred to me that the government lawyers seeking to compel compliance by granting limited immunity and the judge who thought that was sufficient to justify a contempt ruling, should all be physically prevented from ever having progeny.
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