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January 24, 2012 07:42 am GMT
In July, we wrote about an ongoing case wherein a woman accused of fraud was being asked by the prosecution to provide the password to access her computer's data, which otherwise would remain encrypted and unreadable, weakening their case. They got permission to compel her to reveal the password, but the defense said that it was unconstitutional to do so, as providing that information was essentially self-incriminating testimony.The defense and the prosecution disagree, there is no single compelling precedent, and even the Supreme Court, which has weighed in on a similar topic, isn't quite sure what to make of the situation. So, doing what Judges are made to do, Judge Robert Blackburn made a decision: "the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer."
Original Link: http://feedproxy.google.com/~r/Techcrunch/~3/rkfLmxiZxXQ/
Federal Judge Rules You May Be Forced To Provide Decryption Password
In July, we wrote about an ongoing case wherein a woman accused of fraud was being asked by the prosecution to provide the password to access her computer's data, which otherwise would remain encrypted and unreadable, weakening their case. They got permission to compel her to reveal the password, but the defense said that it was unconstitutional to do so, as providing that information was essentially self-incriminating testimony.The defense and the prosecution disagree, there is no single compelling precedent, and even the Supreme Court, which has weighed in on a similar topic, isn't quite sure what to make of the situation. So, doing what Judges are made to do, Judge Robert Blackburn made a decision: "the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer."Original Link: http://feedproxy.google.com/~r/Techcrunch/~3/rkfLmxiZxXQ/
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