5th Amendment in danger?

[AZhitman]

http://www.cnn.com/2012/01/24/tech/web/ ... index.html

Yeah, I have the solution for this one....

"I forgot."

Case closed. Let's hope that SCOTUS not only gets it right, but that Blackburn is disbarred.

The fact that this case even went as far as it has, tells me that the oft-voiced concerns over personal liberties being increasingly at stake are not entirely unfounded.

[stebo0728]

Great article, I hope as well that SCOTUS makes the distinction that forcing the user to incriminate themselves does in fact conflict with the 5th amendment. There would be no problem admitting the laptop into evidence, and having IT forensics attempt to acquire the data. They argue this could damage the evidence, but its akin to running DNA tests. Sometimes the tests are inconclusive and/or damage the sample beyond testing. Thats the risk involved with criminal prosecution. We wouldnt make a lab technician run their own DNA test if we thought they were the only ones who could do it. Similarly we can't force someone on trial to take self incriminating action. However, failure to cooperate on the defendants part should make any judge throw the book at them upon successful prosecution.

[IBCoupe]

A factually similar dispute involving child pornography ended with a Vermont federal judge ordering the defendant to decrypt the hard drive of his laptop.

While that case never reached the Supreme Court, it differed from the Fricosu matter because U.S. border agents already knew there was child p0rn on the computer because they saw it while the computer was running during a 2006 routine stop along the Canadian border.

I think the Vermont case was wrongly decided, too. I don't care what the cops saw you looking at on your computer, the point is that they're trying to get access to your hard drives in order to see what else is on there.

EDITED to provide clarity.

[themadscientist]

I ain't decrypting a damned thing. I hope this comes down on the side of the 5th. Build your damned case prosecutor.

[bigbadberry3]

http://www.washingtonpost.com/blogs/blo ... _blog.html

Sucks.

[hannibal]

That's some bullisht right there! Cops don't ask for keys to search your house. If they can't get into the PC, that's their problem.

[carloslebaron]

The day I must present myself to court I will take the fifth regardless of the court rules...and I will share the bottle with my attorney, the pretty juror young woman with blue eyes that smiles at me from time to time, with the accuser...

http://answers.yahoo.com/question/index ... 240AAPASXA