Sometimes common “ street smarting ” betray you . Like when you demand the guy who ’s selling you drug if he ’s a cop . Or when you encrypt your hard parkway and refuse to unlock it for prosecuting attorney while citing the self - incriminating article of the Fifth Amendment .
A federal court judge has just ruled that being forced to decode one ’s hard drive during prosecution does not violate the defendants ’s Fifth Amendment right . The ruling stanch from a case against Ramona Fricosu , who is point with mortgage fraud . She has refused to decrypt the contents of her hard driveway arguing that doing so would want her to essentially evidence against herself .
Nuh - uh , said evaluator Robert Blackburn , citing an earlier ruling against one Sebastien Boucher . In that pillowcase , the courts decide that , while Boucher ’s encryption password was for sure protect , the information on his drive could be considered evidence in the case and was therefore not dependent to the same liberties .
“ I find and resolve that the Fifth Amendment is not implicate by requiring product of the unencrypted content of the Toshiba Satellite M305 laptop computer computer , ” Blackburn wrote in his ruling today . He also cited the All Writs Act , a 1789 statute , could be invoked as well to impel Fricosu ’s compliance .
Friscosu has until February 21 to comply or face contempt of court charges . Geez , it ’s have to the detail that your secrets are well go forth on microfilm in Cucurbita pepo patches rather than on your hard driving . [ CNetviaThe Verge ]
mental image – Tatiana Popova / Shutterstock
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