Freedomain Radio

DOJ: We can force you to decrypt that laptop

The Colorado prosecution of a woman accused of a mortgage scam will test whether the government can punish you for refusing to disclose your encryption passphrase.

The Obama administration has asked a federal judge to order the defendant, Ramona Fricosu, to decrypt an encrypted laptop that police found in her bedroom during a raid of her home.

Because Fricosu has opposed the proposal, this could turn into a precedent-setting case. No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S. Constitution's Fifth Amendment, which broadly protects Americans' right to remain silent.

. . .

Prosecutors stressed that they don't actually require the passphrase itself, meaning Fricosu would be permitted to type it in and unlock the files without anyone looking over her shoulder. They say they want only the decrypted data and are not demanding "the password to the drive, either orally or in written form."

Prosecutors Demand Laptop Password in Violation of Fifth Amendment

"Decrypting the data on the laptop can be, in and of itself, a testimonial act -- revealing control over a computer and the files on it," said EFF Senior Staff Attorney Marcia Hofmann. "Ordering the defendant to enter an encryption password puts her in the situation the Fifth Amendment was designed to prevent: having to choose between incriminating herself, lying under oath, or risking contempt of court."

It was only a matter of time. It's already a crime in England.

TrueCrypt

KeePass

TreePadSAFE (not freeware)

EnigMail

Gpg4win

Eraser

PeaZip

Password Recovery Speeds

If then I can't see how that couldn't be considered torture.

The question has never really been whether or not the American state could or would force anyone to do anything. Of course it can. Of course it will. That's what everyone from the very beginning has always known. Just read Washington or Jefferson or Hamilton.

The key to the success of the American Government, rather, has instead been in the myriad ways in which it's been able to convince itself and its believers that the use of force is perfectly right and good.

Once you cross that line, then means and opportunity are all that remains as an impediment to using it anywhere and everywhere. Rationalizations can always be found, and always will be.

I'm curious, what will happen if she refuses? Is it a crime to refuse to type in your password? Will they torture her until she blurts it out? Waterboarding perhaps?

Yes, they call the torture prison.  They call the charge contempt.

Encryption defense attorney fights DOJ demands (Q&A)

The U.S. Department of Justice is determined to make sure that a case in Colorado will set a legal precedent allowing it to force Americans accused of crimes to decrypt their computers' hard drives.

Phil Dubois is equally determined not to let that happen. The Colorado Springs-based attorney is representing Ramona Fricosu, accused of a mortgage scam, who is refusing to divulge the passphrase to an encrypted laptop found in her bedroom.

Dubois, who specializes in criminal defense and Internet law, says requiring Fricosu to decrypt the hard drive would be a clear violation of his client's Fifth Amendment right to remain silent. The case is currently before U.S. District Judge Robert Blackburn, and Dubois says if he loses, he'll appeal.

It's not Dubois' first encounter with encryption and threats of criminal prosecution. In the 1990s, he represented PGP creator Phil Zimmermann when the programmer was being investigated for allegedly exporting the encryption utility by posting it publicly online. The charges were dropped in 1996.

http://www.truecrypt.org/docs/?s=plausible-deniability

I think the hidden volume / outer volume technology should be pretty much bastard-proof if you take a little time to do it right ... unless they really reintroduce the spanish inquisition? 

On principle assange's file system seems like the best type of strategy for those sorts of instances.  Look it up. 

Alan Chapman:

The U.S. Department of Justice is determined to make sure that a case in Colorado will set a legal precedent allowing it to force Americans accused of crimes to decrypt their computers' hard drives.

We will write it down on paper and put a stamp on it saying you have to do this if you don't do it lady!

Yeah, what if she still doesn't do it?

If it's acceptable for the executive branch to arbitrarily snatch people off the street in foreign countries, and its ok for the executive branch to brutally torture innocents, and it's ok for the exectuive branch to murder its own tax cattle, over and over and over again, "accidentally", then surely it must be just fine and dandy for the executive branch to threaten its tax cattle into various forms of compliance.

GregG:

If it's acceptable for the executive branch to arbitrarily snatch people off the street in foreign countries, and its ok for the executive branch to brutally torture innocents, and it's ok for the exectuive branch to murder its own tax cattle, over and over and over again, "accidentally", then surely it must be just fine and dandy for the executive branch to threaten its tax cattle into various forms of compliance.

Awesome post.

Reports Claim That Pakistan Is Trying To Ban Encryption Under Telco Law

Privacy International is reporting that Pakistan is trying to ban the use of encryption, including for VPNs, as part of the implementation of a new telco law which requires telcos to spy on their customers. Obviously, encryption makes that tougher, so the response is just to ban it entirely.

Aug 30: Pakistan to ban encryption software

A legal notice sent to all internet providers (ISPs) by the Pakistan Telecommunications Authority, seen by the Guardian, orders the ISPs to inform authorities if any of their customers are using virtual private networks (VPNs) to browse the web.

"Pakistan is a friend." - George W. Bush

This is a follow-up to the story I posted at the top of this thread.

Judge Orders Defendant to Decrypt Laptop

A judge on Monday ordered a Colorado woman to decrypt her laptop computer so prosecutors can use the files against her in a criminal case.

The defendant, accused of bank fraud, had unsuccessfully argued that being forced to do so violates the Fifth Amendment’s protection against compelled self-incrimination.

“I conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,” Colorado U.S. District Judge Robert Blackburn ruled Monday.

Well that was yawningly predictable.

Defendant Ordered to Decrypt Laptop May Have Forgotten Password

If she does not decrypt the drive by month’s end, as ordered, she could be held in contempt and jailed until she complies. If the case gets to that point, Judge Blackburn would have to make a judgement call and determine whether the woman had forgotten the code or was refusing to comply.

“The government will probably say you need to put her in jail until she breaks down and does what she is ordered to do,” Dubois said. “That will create a question of fact for the judge to resolve. If she’s unable to decrypt the disc, the court cannot hold her in contempt.”