Should the Fifth Amendment Cover Your Encrypted Data?
2012.01.26 14:26 by Daniela
American citizens can be ordered to decrypt their encrypted hard drives for police to peruse for incriminating files, a federal judge in Colorado ruled a few days ago. Judge Robert Blackburn ordered a Peyton, Colo., woman Ramona Fricosu to decrypt the hard drive of a Toshiba laptop computer no later than February 21 - or face the consequences including contempt of court. "I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer," Blackburn wrote in a 10-page opinion today. He said the All Writs Act, which dates back to 1789 and has been used to require telephone companies to aid in surveillance, could be invoked in forcing decryption of hard drives as well. "I hope to get a stay of execution of this order so we can file an appeal to the 10th Circuit Court of Appeals," Fricosu's attorney, Phil Dubois, said this afternoon. "I think it's a matter of national importance. It should not be treated as though it's just another day in Fourth Amendment litigation." Read more -here-
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