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Authorities decrypt laptop without defendant's help, Fifth Amendment need not apply
Constitutional junkies have had their eyes on Colorado for awhile now, because a federal judge there ordered a woman to decrypt her hard drive in a criminal trial. This, despite her cries that doing so would violate her Fifth Amendment right to be free from self-incrimination. The argument is now moot, as authorities have managed to access the laptop's data without any aid from the defendant, thereby obviating any Constitutional conundrums. Who knows if the feds found the evidence of bank-fraud they were looking for, or whether it was brute force or a lucky guess that did the trick, but at least we can say it's the last of the laptop-related Fifth Amendment court cases for awhile, right?
Court upholds Fifth Amendment, prevents forced decryption of data
When our forefathers were amending the constitution for the fifth time, they probably didn't have TrueCrypt-locked hard drives in mind. However, a ruling from the 11th Circuit Appeals Court has upheld the right of an anonymous testifier to not forcibly decrypt their data. The case relates to a Jon Doe giving evidence in exchange for immunity. The protection afforded to them under this case wouldn't extend to any other incriminating data that might be found, and as such Doe felt this could lead to violation of the fifth amendment. The validity of the prosecution's demands for the data decryption lies in what they already know, and how they knew it -- to prevent acting on hopeful hunches. The prosecutors were unable to demonstrate any knowledge of the data in question, leading the 11th Circuit to deem the request unlawful, adding that the immunity should have extended beyond just the current case. This isn't the first time we've seen this part of the constitution under the digital spotlight, and we're betting it won't be the last, either.
Judge forces defendant to decrypt laptop, fuels debate over Fifth Amendment rights
A judge in Colorado yesterday ordered a defendant to decrypt her laptop's hard drive at the prosecution's request, adding new fire to the ongoing debate surrounding consumer technology and the Fifth Amendment. The defendant, Ramona Fricosu, is facing charges of bank fraud, stemming from a federal investigation launched in 2010. As part of this investigation, federal authorities used a search warrant to seize her Toshiba Satellite M305 laptop. Fricosu's legal team had previously refused to decrypt the computer, on the grounds that doing so would violate her Fifth Amendment rights to avoid self-incrimination. On Monday, though, US District Judge Robert Blackburn ruled against the defendant, arguing that the prosecution retained the right to access her device, as stipulated under the All Writs Act -- a law that requires mobile operators to comply with federal surveillance."I conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer," Blackburn wrote, adding that there was strong evidence to suggest that Fricosu's computer contained information pertinent to the case. Fricosu's lawyer, Phil Dubois, is hoping to obtain a stay on the ruling, in the hopes of taking the case to an appeals court. "I think it's a matter of national importance," Dubois explained. "It should not be treated as though it's just another day in Fourth Amendment litigation." It remains to be seen whether Dubois succeeds in his appeal, though civil libertarians are already paying close attention to the case, since the US Supreme Court has yet to weigh in on the matter.
