4 ms·

Let him go then.

sokoloff 10y ago
What about the possibility that this guy (or someone else similarly situated) might legitimately not have the password to unlock the volume? I have old hard drives and computers in my basement for which I'm quite sure I don't recall the root password. Edited to add: I'm not coming out pro-child-pornography, but I think the EFF has it 100% correct here. From the article: The Electronic Frontier Foundation told the court in a friend-of-the-court brief (PDF) that "compelled decryption is inherently testimonial because it compels a suspect to use the contents of their mind to translate unintelligible evidence into a form that can be used against them. The Fifth Amendment provides an absolute privilege against such self-incriminating compelled decryption."
- BigChiefSmokem 10y ago
  Then his lawyer can argue that, but instead they are arguing the Fifth Amendment. The question is rather, does the Constitution render the court order illegal?
  - michaelmrose 10y ago
    They have no obligation to believe him or release him in that case even if he did forget it.
    - sokoloff 10y ago
      Which is problematic, as now the penalty for forgetting a passphrase can become life in prison.
tajen 10y ago
Most people don't realize that child pornography is "any visual depiction of sexually explicit conduct involving a minor". Under a bad cop, any sexually explicit pic of a person can be deemed "under 18 years of age", unless you have the actor's ID on file. And there are many, many underage actors. Even if you buy legal porn which claimed actors were above 18, you are guilty. Especially if you've bought it. Here's how: https://en.wikipedia.org/wiki/Age_fabrication https://en.wikipedia.org/wiki/Age_fabrication In other words, I've ceased to believe people convicted of child pornography were paedophiles. The condemnation is simply unrelated to the moral standards of the person. Hence, if he has any picture on this hard drive, he's right to plead the 5th.

Let him go then.

What about the possibility that this guy (or someone else similarly situated) might legitimately not have the password to unlock the volume? I have old hard drives and computers in my basement for which I'm quite sure I don't recall the root password. Edited to add: I'm not coming out pro-child-pornography, but I think the EFF has it 100% correct here. From the article: The Electronic Frontier Foundation told the court in a friend-of-the-court brief (PDF) that "compelled decryption is inherently testimonial because it compels a suspect to use the contents of their mind to translate unintelligible evidence into a form that can be used against them. The Fifth Amendment provides an absolute privilege against such self-incriminating compelled decryption."

BigChiefSmokem 10y ago
Then his lawyer can argue that, but instead they are arguing the Fifth Amendment. The question is rather, does the Constitution render the court order illegal?
- michaelmrose 10y ago
  They have no obligation to believe him or release him in that case even if he did forget it.
  - sokoloff 10y ago
    Which is problematic, as now the penalty for forgetting a passphrase can become life in prison.

tajen 10y ago

Most people don't realize that child pornography is "any visual depiction of sexually explicit conduct involving a minor". Under a bad cop, any sexually explicit pic of a person can be deemed "under 18 years of age", unless you have the actor's ID on file. And there are many, many underage actors. Even if you buy legal porn which claimed actors were above 18, you are guilty. Especially if you've bought it. Here's how: https://en.wikipedia.org/wiki/Age_fabrication https://en.wikipedia.org/wiki/Age_fabrication In other words, I've ceased to believe people convicted of child pornography were paedophiles. The condemnation is simply unrelated to the moral standards of the person. Hence, if he has any picture on this hard drive, he's right to plead the 5th.