Court Rules TrueCrypt User Cannot Be Compelled To Decrypt Hard DiskChris | InformationLiberation
 While one corrupt American court just ruled a woman can be forced to testify against herself and made to decrypt her hard drive, another one rightly just ruled the opposite.
From Wall Street Journal:
According to court documents, the man's hard drives were encrypted with a program called "TrueCrypt." As a result, the Justice Department couldn't find any files and couldn't prove that any existed on hidden portions of the drives.
The Fifth Amendment privilege isn't triggered when the government merely compels some physical act, like unlocking a safe-deposit box, the court said. But the amendment protects testimony in which a person is forced to use "the contents of his own mind" to state a fact.
"We conclude that the decryption and production would be tantamount to testimony by Doe of his knowledge of the existence and location of potentially incriminating files; of his possession, control, and access to the encrypted portions of the drives; and of his capability to decrypt the files," wrote Judge Gerald Bard Tjoflat.
Judge Tjoflat, writing for the three-judge panel, said the government was also hobbled because it could only show that the storage space on the drives could hold files that number in the millions—not that they actually do.
"It is not enough for the Government to argue that the encrypted drives are capable of storing vast amounts of data, some of which may be incriminating," the judge wrote. "Just as a vault is capable of storing mountains of incriminating documents, that alone does not mean that it contains incriminating documents, or anything at all." Here's the ruling in full [PDF]
Huge discussion here on Reddit.
|
Latest Resistance - Glenn Greenwald "Peter King Was A Supporter Of Terrorism For Decades When It Was Done By The IRA" - Alex Jones: Arrest Congressman Peter King, Not NSA Whistleblower - WeAreChange Vlog: Free Police Hugs, Luke's Speech and David Icke - Alex Jones Goes Off On BBC Propagandist - WeAreChange Vlog: Max Keiser, Climbing Cranes and Puppet Show - WeAreChange Vlog: Alex Jones Bilderberg Boat Ride, David Icke & Forward Intelligence Team - WeAreChange Vlog: Charlie Skelton, Alex Jones & Stupid Laws at Bilderberg - Larken Rose on Voluntary Virtues - Politics, Religion, War, 1776, Anarchos, Dangerous Superstition
|
FAIR USE NOTICE
|
|
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (found at the U.S. Copyright Office) and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.
|
|
About Us - Disclaimer - Privacy Policy |