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Man jailed indefinitely for refusing to decrypt hard drives loses appeal

arstechnica.com

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Re: Man jailed indefinitely for refusing to decrypt hard drives loses appeal

#4
post #2

So if I forget my password, I can be in jail forever?

Assuming it's shown to be a foregone conclusion you have child porn on your machine, yes.

Then why hasn't this person been prosecuted yet? Are they just wanting him to give up his credentials so that they can refer to this case as a precedent?

Re: Man jailed indefinitely for refusing to decrypt hard drives loses appeal

#5

Earlier quoted context omitted.

Assuming it's shown to be a foregone conclusion you have child porn on your machine, yes.

Then why hasn't this person been prosecuted yet? Are they just wanting him to give up his credentials so that they can refer to this case as a precedent?

They clearly don't need to prosecute him now, since it looks like he can be jailed indefinitely and everyone's cool with it. Scary stuff.

Re: Man jailed indefinitely for refusing to decrypt hard drives loses appeal

#6

Earlier quoted context omitted.

Assuming it's shown to be a foregone conclusion you have child porn on your machine, yes.

Then why hasn't this person been prosecuted yet? Are they just wanting him to give up his credentials so that they can refer to this case as a precedent?

Same. I can't understand why, if it's a foregone conclusion, the other stuff can't be used to convict him.

Re: Man jailed indefinitely for refusing to decrypt hard drives loses appeal

#7
post #2

So if I forget my password, I can be in jail forever?

Assuming it's shown to be a foregone conclusion you have child porn on your machine, yes.

Then charge him for it. This is such an insane precedent to set, I cannot believe anyone is OK with this like we don't have a long and proud history of railroading people we disagree with for any number of stupid reasons.

Re: Man jailed indefinitely for refusing to decrypt hard drives loses appeal

#9
post #2

So if I forget my password, I can be in jail forever?

Reading this story actually makes me ill. When a technical defense protects you from the state, they jail you for contempt.

When you say, "but we have a constitutional amendment that protects us from self-incrimination", they say "sure but that doesn't apply here."

And of course it is child porn that is in question. It is a mere crime to "possess" it, that is to say, possess a hard drive on which images are found.

It goes without saying that images, at any point in time before, after, or during an investigation, can appear against your will on your hard drive.

But since it is so morally outrageous, it is the go to charge that prosecutors use to jail their personal and political enemies. Or just soft targets, I guess...

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