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This story couldn't occur in the USA. Actually it can and does. If a judge compels you to turn over your password as a part of the discovery process and you r
by evgen 16y ago
This story couldn't occur in the USA.
Actually it can and does. If a judge compels you to turn over your password as a part of the discovery process and you refuse then you can be served with a contempt warrant and go straight to jail without trial and with limited possibility to appeal.
- daten 16y agoWhat you have said isn't true or accurate. On December 17, 2006, defendant Sebastien Boucher was arrested on a complaint charging him with transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1). At the time of his arrest government agents seized from him a laptop computer containing child pornography. The government has now determined that the relevant files are encrypted, password-protected, and inaccessible. The grand jury has subpoenaed Boucher to enter a password to allow access to the files on the computer. Boucher has moved to quash the subpoena on the grounds that it violates his Fifth Amendment right against self-incrimination. The district court held that Boucher could invoke the Fifth Amendment and refuse to comply. http://cyb3rcrim3.blogspot.com/2007/12/court-upholds-using-fifth-amendment-to.html http://cyb3rcrim3.blogspot.com/2007/12/court-upholds-using-f... They later worked around it by requiring him to provide the decrypted contents of the drive instead of the password itself since a border agent witnessed some of the files on the drive and he wouldn't be providing new evidence. http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer.html http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer....