Compelled Decryption? Je dit non!

Guy Fawkes
Nothing ironic about THAT mustache!

We’re not quite ready yet to discuss the ispso facto martial law that blanketed Boston two weeks back, other violent April 19ths, and the ironic modern media pro-catholic-turned-nouveau-anarchist Guy Fawkes conflation.

Soon, mind you. Just not now.

Instead we will  note that some  (putative) pervert back east has unintentionally gone a long long way toward shoring up the 5th Amendment, precisely because he is a pervert.

U.S. Magistrate William Callahan Jr, who  cited Fifth Amendment guarantees against self-incrimination in a case concerning a Wisconsin computer expert (suspected of storing encrypted child porn files), stated –

This is a close call, but I conclude that Feldman €™s act of production, which would necessarily require his using a password of some type to decrypt the storage device, would be tantamount to telling the government something it does not already know with €˜reasonably particularity €™ €”namely, that Feldman has personal access to and control over the encrypted storage devices. Accordingly, in my opinion, Fifth Amendment protection is available to Feldman. Stated another way, ordering Feldman to decrypt the storage devices would be in violation of his Fifth Amendment right against compelled self-incrimination.

Complete ruling

SO, for the moment at least, no compelled decryption. However, one word for you: Truecrypt.

WNBTv - Good TV!


One thought on “Compelled Decryption? Je dit non!”

Something to say...?