Re: Judge orders defendant to decrypt PGP-protected laptop - CNET News

[vulcanius <vulcanius () gmail com>]

IANAL but in my opinion there isn't an issue of self-incrimination
anymore. If it's true that he allowed the border agents to search his
laptop initially then he has, in my limited knowledge I believe,
waived certain rights.

On Thu, Mar 5, 2009 at 8:33 PM, Shailesh Rangari <shailesh.sf () gmail com> wrote:
> Its strange that the act of revealing the password has essentially been termed underprivileged by the courts in the 
> mentioned case.
> The Supreme Court on earlier occasions has termed acts of providing fingerprints, blood sample etc. underprivileged 
> because in principle they do not reveal a persons thoughts or knowledge of a particular fact and also because 
> possession of ones own fingerprint is an undeniable fact.
>
> In case the Supreme Court concurs with the decision of the District Court the options Mr. Boucher would have are 
> interesting -
>
> 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
>
> Regards,
> Shailesh
>
> On Mar 3, 2009, at 1:00 PM, tvlillard () msn com wrote:
>
> > Reference below is an interesting article concerning a Judge's order to decrypt of a harddrive.
> >
> >
> > Judge orders defendant to decrypt PGP-protected laptop - CNET News
> >
> > URL: http://news.cnet.com/8301-13578_3-10172866-38.html
> >
> >
> > Federal court orders defendant accused of having illegal data on his laptop to type in his PGP passphrase so 
> > prosecutors can access decrypted files.
> >
> >
> > Thanks
> > Terrence