Re: Judge Rules Man Cannot Be Forced To Decrypt HD

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Steven M. Bellovin" <smb () cs columbia edu>
Date: August 20, 2008 8:41:11 AM EDT
To: dave () farber net
Subject: Re: [IP] Judge Rules Man Cannot Be Forced To Decrypt HD

On Wed, 20 Aug 2008 08:17:46 -0400
David Farber <dave () farber net> wrote:


> The article stresses the potential importance of this ruling (which
> was issued last November but went unnoticed until now): "Especially
> if this ruling is appealed, US v. Boucher could become a landmark
> case. The question
> of whether a criminal defendant can be legally compelled to cough up
> his encryption passphrase remains an unsettled one, with law review
> articles for
> the last decade arguing the merits of either approach."
As you say, this is an old story -- it was even discussed on IP (see
http://www.listbox.com/member/archive/247/2008/02/sort/time_rev/page/8/entry/12:217/20080208014529:5AF52718-D611-11DC-864D-A4C18C4BADF8/
among others).  However, I'd like to point folks at Orin Kerr's
analysis at http://www.volokh.com/posts/1197670606.shtml .  In a
nutshell, Prof. Kerr thinks that regardless of the legal reasoning in
general, the facts of this particular case don't support the broad
conclusion.


                --Steve Bellovin, http://www.cs.columbia.edu/~smb




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