Judge: Man can't be forced to divulge encryption passphrase

themagician

Regular Member

Mar 25, 2008

221

1,112

• Aug 21, 2008

• #1

A federal judge in Vermont has ruled that prosecutors can't force a criminal defendant accused of having illegal images on his hard drive to divulge his PGP (Pretty Good Privacy) passphrase.

Code:

http://news.cnet.com/8301-13578_3-98....html?hhTest=1

themagician

 

Tom

Regular Member

Mar 24, 2008

210

103

• Aug 21, 2008

• #2

Your link is broken, here is the real link:

Code:

http://news.cnet.com/8301-13578_3-9834495-38.html?hhTest=1

 

themagician

Regular Member

Mar 25, 2008

221

1,112

• Aug 21, 2008
• Thread Starter Thread Starter

• #3

Tommy said:

Your link is broken, here is the real link:

Code:

http://news.cnet.com/8301-13578_3-9834495-38.html?hhTest=1

Click to expand...

'...Thanks Tommy!'

themagician

 

BozoClown

Junior Member

Jan 4, 2009

150

110

• Aug 21, 2008

• #4

I wouldn't care what the judge orders, there is no way I would reveal my pass phrase for something as secure as pgp.

The most they would do is put you behind bars for a few months charge being "contempt" or whatever legal term they choose, and that is if they even manage to prove that you did not forget the pass phrase.

The judge just saved the state prosecution money by preventing the judicial system from wasting valuable time trying to get information no sensible person would reveal.

 

zebrahat

Elite Member

Aug 6, 2008

2,514

3,037

• Aug 22, 2008

• #5

My understanding is that TSA might still harass you at airport/Gestapo checks to unencrypt your data files on your laptop or flash device on demand, in order to clear you fro travel.

 

delmages

Junior Member

Jul 24, 2008

129

131

• Aug 25, 2008

• #6

It will be very interesting to keep an eye on this case. The ruling made by Niedermeier will go down in history as a landmark case, especially if it is appealed to the appelate courts. The magistrate's decision will have a far reaching impact upon both the fundamental right to privacy as well as law enforcement's ability to duly perform search and seizure of technological equiptment.

 

Daniel-MD

Regular Member

Dec 2, 2007

355

339

• Aug 25, 2008

• #7

zebrahat said:

My understanding is that TSA might still harass you at airport/Gestapo checks to unencrypt your data files on your laptop or flash device on demand, in order to clear you fro travel.

Click to expand...

That's why I upload /download the sensitive files in some online secure locations and do not keep sensitive data on the laptop when traveling ..

 

Freddie

Registered Member

May 16, 2008

62

14

• Aug 30, 2008

• #8

If you do that online storage trick be sure to use something like 'Eraser' (free application you can use to wipe file or empty disk space). You would be surprised how easy it is to recover "deleted files" (with the right recovery software)