It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
(visit the link for the full news article)
In the future, your hard drive may not be your hard drive: A federal judge has ruled that a Colorado woman, charged in a mortgage scam case, must turn over the password needed to decrypt her hard drive so that police can view the files on it.
Ramona Fricosu was given until Feb. 21 to comply with the order by U.S. District Court Judge Robert Blackburn. The judge said Fricosu's defense — the Fifth Amendment's right against self-incrimination — did not apply in the case, in which she is charged with bank fraud, wire fraud and money laundering.
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.
U.S. Magistrate Judge Jerome Niedermeier ruled that a man charged with
transporting child pornography on his laptop across the Canadian
border has a Fifth Amendment right not to turn over the
passphrase to prosecutors. The Fifth Amendment protects the right
to avoid self-incrimination.
Niedermeier tossed out a grand jury's subpoena that directed Sebastien
Boucher to provide "any passwords" used with the Alienware
laptop. "Compelling Boucher to enter the password forces him to
produce evidence that could be used to incriminate him," the judge
wrote in an order dated November 29 that went unnoticed until this
week. "Producing the password, as if it were a key to a locked
container, forces Boucher to produce the contents of his laptop."
Link to court opinion:
I think the argument is that she doesn't want to be a witness against herself. The fifth amendment doesn't say it's OK to be a witness against yourself as long as there's a warrant:
Originally posted by truthinfact
Hey I am siding with the courts, the judge did the right thing, HE GOT A WARRANT.
Nothing wrong with gettin' a warrant. She shouldn't'a' (should not have) done the crime!
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Originally posted by caladonea
If she has nothing to hide and didn't do anything wrong...why not just comply...then when it is all over...make a new password.