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Child Porn Case Hinges on Laptop Password

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posted on Feb, 14 2008 @ 04:36 PM
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Originally posted by neformore

In the UK the Regulation and Investigatory Powers Act (RIP for short) has a caveat that says refusal to release a password for an encrypted folder - even if you have genuinely forgotten it is tantamount to an admission of guilt and you can be fined and imprisoned solely based on that refusal.



Well if that is the case then again, the owner would have to decide which crime he would rather defend themselves of if he's really not forgetting as the law implys, otherwise forgetting has become a crime. Wrong thoughts or loss of ones thoughts have become a crime - the road is getting dangerous.

I don't think that would fly in America. I work on computers at many places for my work and amazingly I remember hundreds of peoples passwords, but believe it or not having so many computers myself I have on occasion have forgotten my own password when trying to access an old system to retrieve some old data.

Even though I can mirror the drive and recover files in other ways or just hack my own old OS and place a new password, there is always the possibility that I can overprotect my data & then hit my head and forget how to retrieve it. I just don't think forgetting should be a crime especially with Alzheimer's & such.



[edit on 14-2-2008 by verylowfrequency]



posted on Feb, 14 2008 @ 04:51 PM
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I think he's protected by the Fifth Amendment.

That might be disturbing to some, but I don't see this case as being any different than any other case, relative to Constitutional protections.



posted on Feb, 14 2008 @ 06:32 PM
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hmmm, this sounds oddly familiar to a u.s. case right on point . . . resolved on 5th amendment grounds:

United States v. Boucher is a federal prosecution in Vermont that is the first to directly address the question of whether a criminal defendant can be compelled to reveal his encryption passphrase under the Fifth Amendment to the U.S. Constitution. On November 29, 2007, U.S. Magistrate Judge Jerome Niedermeier said no, stating "Compelling Boucher to enter the password forces him to produce evidence that could be used to incriminate him." The defendant's laptop was inspected when he crossed the border into the U.S. from Canada and images that allegedly contained child pornography were viewed by border agents who then seized his laptop. The laptop was protected by the PGP Disk encryption program and the government was subsequently unable to read the contents of the Z: drive. A grand jury then issued a subpoena for the passphrase needed to recover the encryption key that protects the data.

and yes, things are apparently different under RIPA in the U.K.



posted on Feb, 14 2008 @ 06:45 PM
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oddly familiar as in 'this case has been heard already' . . .

unless there are two boucher's arrested for identical acts.

good ruling.



posted on Feb, 14 2008 @ 08:23 PM
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I think the key to this case is that there is no physical evidence to present in court other then an officer saying that they saw what could be child porn. I don't see this man doing any jail term unless they can access those files. From what everyone has said in this post so far, PGP is a tricky thing that can't be beaten.



posted on Feb, 15 2008 @ 11:43 AM
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This man is a #ig pedophile, he does not deserve the rigths. Waterboard his ass (since it is AND is not torture) and force him to give up the password, then prosecute him to the full extent of the law. WTF is wrong with people? This person may very well be viewing the exploitation and RAPE of some family's children for his own sexual gratification. It has nothing to do with art or free speech or anything like that, he is a criminal of the most disgusting kind.

the moment you enjoy watching children being raped, you have waived your rights to anything!!



posted on Feb, 15 2008 @ 11:46 AM
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Originally posted by DYepes
This man is a #ig pedophile, he does not deserve the rigths.




sounds like you were there, or you know him personally. I doubt it. I'm not going to stick up for child porn, but I will stick up for people getting a fair shot at trial / due process.



posted on Feb, 15 2008 @ 12:30 PM
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I think this is more out of desperation of the government for advanced terrorists information and includes this as domestic terrorism anyway.

Whatever happened to the remote viewing program? You would think if that ever worked, we would know who these people are already.

This suggests something much bigger than porn carrying pedos. Some conspiracists may have already suggested that some laptop information may include high level secret societies with the same bad habits. These are the people we vote for to stop these crimes. Could they really be that stupid? Statistics probably say yes. Sounds like the NWO and martial law to me. Might pornography also be encrypted with other information too?

I wonder how long before they shut down the internet altogether?




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