Judge orders defendant to decrypt PGP-protected laptop

[David Farber <dave () farber net>]

Begin forwarded message:

From: Declan McCullagh <declan () well com>
Date: February 26, 2009 6:26:01 PM EST
To: dave () farber net
Subject: Judge orders defendant to decrypt PGP-protected laptop

Dave,

IPers might be interested in this update to the U.S. v. Boucher case,  
which I wrote about today:
http://news.cnet.com/8301-13578_3-10172866-38.html

A federal magistrate judge in Vermont had ruled that because of the  
Fifth Amendment right to avoid self-incrimination, Boucher could not  
be legally compelled to disclose his PGP passphrase. The DOJ amended  
their request slightly and asked a federal district judge to force him  
not to disclose it, but merely to type it in.

The district judge sided with the DOJ.

Here's the original ruling:
http://news.cnet.com/8301-13578_3-9834495-38.html

Boucher's lawyer already has filed an appeal to the 2nd Circuit, so  
this could become a very important and precedential case.

-Declan

PS: Soon we'll be able to see if Obama administration taken a  
different position on encryption and the Fifth Amendment than the Bush  
administration. Don't hold your breath.





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