Security Basics mailing list archives
Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News
From: "J. Oquendo" <sil () infiltrated net>
Date: Fri, 6 Mar 2009 14:35:18 -0600
On Thu, 05 Mar 2009, Shailesh Rangari wrote:
fact and also because possession of ones own fingerprint is an undeniable fact.
Really? Brandon Mayfield is an Oregon lawyer who was identified as a participant in the Madrid bombing based on a so-called fingerprint match by the FBI. The FBI Latent Print Unit ran the print collected in Madrid and reported a match against one of 20 fingerprint candidates returned in a search response from their IAFIS . Integrated Automated Fingerprint Identification System. The FBI initially called the match "100 percent positive" and an "absolutely incontrovertible match". The Spanish National Police examiners concluded the prints did not match Mayfield, and after two weeks identified another man who matched. The FBI acknowledged the error, and a judge released Mayfield after two weeks in May 2004. ... On 29 November 2006, the FBI agreed to pay Brandon Mayfield the sum of US$2 million. The judicial settlement allows Mayfield to continue a suit regarding certain other government practices surrounding his arrest and detention. The formal apology stated that the FBI, which erroneously linked him to the 2004 Madrid bombing through a fingerprinting mistake, had taken steps to "ensure that what happened to Mr. Mayfield and the Mayfield family does not happen again." http://en.wikipedia.org/wiki/Fingerprint#Brandon_Mayfield_and_Madrid_bombing
1) Self Incriminate - by providing the password that is known to Mr. Boucher which in turn would turn testimonial of his knowledge and control over the said laptop and its contents 2) Perjury - by lying on oath that he does not knows the password that can be proved otherwise by the ICE Agent for he found the laptop sans the encryption 3) Contempt of Court - by rejecting both the options mentioned above
Firstly, no one on here can do anything other than speculate anything. Until some caselaw is definitively made on the issue, it's all speculation. I see no lawyers answering this question with a "fool"proof answer. Kind of pointless to keep see-sawing with "5th Amendment!" stuff that has been argued for years on end. This is not the first time this issue has come to light and it will not be the last. Secondly, they have enough to nail him with the testimony of the agents as is so any rambling is kind of moot. This talk can go on for days, months, years. Let the scholars and legal beagles figure this out. The interpretations of law and what many perceive it to be greatly differ, again no one here is a lawyer. At least for those who have answered. Thirdly, perjury isn't something anyone has to "prove". If you've never been on trial, the moment you lose (and you likely will going against the government who has a track record of 99.8% wins and unlimited pockets), the moment you lose you are found guilty of perjury. Irrespective of you telling the truth or not. It's the jury's determination you were guilty, therefore anything you said is deemed a lie. Period. Many who've answered this have never been on trial or even been to one. There are a lot of variables involved with trials. Contempt of court - again, see the perjury answer. Even if the guy truly forgot what the password is/was. This would be a very hard charge to pin on him. Why should they when they'd likely hit him up with so many other charges this one wouldn't mean nothing at all. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ J. Oquendo SGFA, SGFE, C|EH, CNDA, CHFI, OSCP "Enough research will tend to support your conclusions." - Arthur Bloch "A conclusion is the place where you got tired of thinking" - Arthur Bloch 227C 5D35 7DCB 0893 95AA 4771 1DCE 1FD1 5CCD 6B5E http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x5CCD6B5E
Current thread:
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News, (continued)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Sudev Barar (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Tom Yarrish (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Steve McKay (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Atom Smasher (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News David Gadoury (Mar 24)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News nameless (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Kurt Buff (Mar 05)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Randy Smith (Mar 06)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News J. Oquendo (Mar 06)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News vulcanius (Mar 06)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Stephen Mullins (Mar 09)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Shailesh Rangari (Mar 09)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Aarón Mizrachi (Mar 19)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Craig S Wright (Mar 19)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Kurt Buff (Mar 19)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Craig S Wright (Mar 20)
- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Kurt Buff (Mar 20)
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- Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News Kurt Buff (Mar 24)
- RE: Judge orders defendant to decrypt PGP-protected laptop - CNET News Craig S. Wright (Mar 24)