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Indefinite prison for suspect who won’t decrypt hard drives, US government says

arstechnica.co.uk

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Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#2
This is an important constitutional issue! The subject may be deplorable, but the root issue is not.

If it is a "foregone conclusion", then they should have no problem convicting the guy without forcing him to testify against himself. If it is not a "foregone conclusion", then they have been lying and are illegally (unconstitutionally) depriving him of his freedom for months, without even charging him with a crime!

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#7

In the UK, this is actually legal sadly.

Sections 49 & 53 of the RIPA allows for up to two years imprisonment for failing to provide unencrypted copies of key material. Not quite the same as life. Although I wouldn't be surprised if they managed to abuse it in this way.

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#8
post #2

This is an important constitutional issue! The subject may be deplorable, but the root issue is not. If it is a "foregone conclusion", then they should have no problem convicting the guy without forcing him to testify against himself. If it is not a "foregone conclusion", then they have been lying and are illegally (unconstitutionally) depriving him of his freedom for months, without even charging him with a crime!

>Investigators say they know child porn is on the drives. His sister saw some of it and the suspect is said to have shown his family an illicit video, too.

So that's their basis for this "foregone conclusion" apparently. That at one point in time it was witnessed.

That is very dangerous logic.

The sadest thing in this is that it took child pornography to make the headlines, not political activism or journalism but the most despicable crime in our modern society.

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#9
post #2

This is an important constitutional issue! The subject may be deplorable, but the root issue is not. If it is a "foregone conclusion", then they should have no problem convicting the guy without forcing him to testify against himself. If it is not a "foregone conclusion", then they have been lying and are illegally (unconstitutionally) depriving him of his freedom for months, without even charging him with a crime!

Even if they have enough testimony to convict him, they may be more interested in forensic clues about where he obtained his files.

Decrypting his hard drive may lead to other charges against other people. If he knows that he can incriminate others, he may be waiting for a deal.

They're playing hardball with him right now. After six months in jail, watch them offer him a deal if he unlocks the hard drive. He gets a firm but reduced sentence (including time served) and they get more bad guys.

(Why yes, I have watched too many episodes of Law & Order, why do you ask?)

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#10

and what happens if I forgot my password?

>The defendant, who is referred to as "John Doe" in court papers, claims he forgot the passwords. The suspect's identity is Francis Rawls, according to trial court papers.

> In fact, Doe had multiple layers of password protection on his devices, and he always entered his passcodes for all of his devices from memory. Doe never had any trouble remembering his passcodes (other than when compelled to do so by the federal court), never hesitated when entering the passcodes, and never failed to gain entry on his first attempt.

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