Appeals Court upholds right not to decrypt hard drive

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Chespirito
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Registered: 02/13/09
Posts: 3,259

Appeals Court upholds right not to decrypt hard drive

#15857282 - 02/24/12 11:44 AM (14 years, 5 months ago)

The 11th Circuit held that a defendant in a criminal trial could not be forced to decrypt their hard drive due to the 5th amendment. This ruling was based on the fact that the government could not identify with any particularity the files on the computer they wanted, or whether the computer even contained files at all. The defendant used TrueCrypt to encrypt their hard drive which a security expert noted made it impossible to tell the number of files on the hard drive.

This case reaches a different result than some other recent ones in different circuits but they are more or less in agreement. In the recent previous cases the government had knowledge of the contents of the defendants computer and so could compel the giving up of the encryption key.

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

Edited by Chespirito (02/24/12 11:51 AM)

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Chespirito
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Registered: 02/13/09
Posts: 3,259

Re: Appeals Court upholds right not to decrypt hard drive

[Re: Chespirito]
#15857286 - 02/24/12 11:45 AM (14 years, 5 months ago)

Oh I see Ars got on this also. For a better description of the background and case:

http://arstechnica.com/tech-policy/news/2012/02/appeals-court-fifth-amendment-protections-can-apply-to-encrypted-hard-drives.ars

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General Interest > Science and Technology

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