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Author Topic: You will decrypt your hard drive, so we can use the files to prosecute you...  (Read 1963 times)

Gewehr98

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You will decrypt your hard drive, so we can use the files to prosecute you...
« on: May 28, 2013, 12:16:32 AM »
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AZRedhawk44

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #1 on: May 28, 2013, 12:26:11 AM »
Double-encrypt, with a clean OS branch and a real OS branch in the password entry based on the particular password typed.

Supposedly provides plausible deniability along with encryption in the first place.
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zxcvbob

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #2 on: May 28, 2013, 01:42:59 AM »
Quote from: Gewehr98 on May 28, 2013, 12:16:32 AM
And the 5th offers no protection?  Wow...

http://www.wiscnews.com/news/state-and-regional/article_2924ef06-221f-5eb8-ae40-fe070562ee01.html

You thought the government only hated the 2nd Amendment?
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lupinus

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #3 on: May 28, 2013, 05:21:20 AM »
Of course not!

The man is accused of child porn, and we all know that anyone accused of a crime involving children has no rights now or anytime in the future.
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MechAg94

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #4 on: May 28, 2013, 08:02:25 AM »
So how do they get a court order to do this without him being charged with anything?
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HankB

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #5 on: May 28, 2013, 08:47:15 AM »
Quote from: MechAg94 on May 28, 2013, 08:02:25 AM
So how do they get a court order to do this without him being charged with anything?
Good question.

Interesting that in the linked article it says that since the guy hasn't been formally charged, his lawyer isn't allowed to oppose the order.

Two thoughts come to mind:

* Can they PROVE he remembers the password?

* Can they PROVE they didn't lose a piece of paper - the only written record containing his password which was too long to remember - when they searched and seized his stuff?
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RevDisk

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #6 on: May 28, 2013, 09:48:03 AM »

I always wondered why and how the feds argue the 4th and 5th don't apply to anything electronic?

You can get a warrant for stuff, or to arrest folks. Said folks can STFU, and answer nothing. It comes your problem to sort thing the stuff to prove their guilt. The whole presumption of innocence and whatnot. I'd really like to hear the legal argument that treats electronic property any difference.
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cassandra and sara's daddy

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Re: Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #7 on: May 28, 2013, 10:15:27 AM »
maybe find this judges previous ruling? hes gone both ways with this

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #8 on: May 28, 2013, 10:51:43 AM »
Just more evidence of the continued misunderstanding of tech stuff by the idiots in charge/courts/prosecutors/whatever




I seem to recall reading about a decision related to encryption passwords that said the 5th took effect, because the data literally does not EXIST without the key.

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Fitz

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CNYCacher

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #9 on: May 28, 2013, 10:56:20 AM »
Quote from: Fitz on May 28, 2013, 10:51:43 AM
the data literally does not EXIST without the key.

That was my argument on a previous discussion on the topic we had here. I would be tickled if a similar argument won for 5A somewhere
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Fitz

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Re: You will decrypt your hard drive, so we can use the files to prosecute you...
« Reply #10 on: May 28, 2013, 11:01:26 AM »
Quote from: CNYCacher on May 28, 2013, 10:56:20 AM
That was my argument on a previous discussion on the topic we had here. I would be tickled if a similar argument won for 5A somewhere

Maybe that's what i"m thinking of.


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