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Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

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Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#181
post #27
post #23

Earlier quoted context omitted.

Reference?

http://www2.ca3.uscourts.gov/opinarch/153537p.pdf Despite Doe’s refusal, f orensic analysts discovered the password to decrypt the Mac Pro Computer , but could not de crypt the external hard drives. [...] The Forensic examination also disclosed that Doe had downloaded thousands of files known by their “hash ” values to be child pornography. 3 The files, however, were not on the Mac Pro, but i nstead had been stored o…

Thanks.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#182
5th amendment is the wrong argument here, he should be arguing 1st amendment right to free expression. Typing is a form of speech, and the government can't compel speech under the first amendment. It cuts out all the unlock / password / vault metaphors which are irrelevant. You can't compel a person to say something / type something under the first amendment. The "right to remain silent", fifth amendment is redundant after the case law that says the first amendment protects the right to be silent.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#183

Earlier quoted context omitted.

> The one thing that's different with computers is that usually the police can just break into your house (or a safe, or something like that) if you refuse to give them the key, and encrypted drives have no other alternate route in. So you wouldn't be kept in prison indefinitely for refusing to comply with a warrant; you'd just get your door knocked down. This isn't really new with computers. People have been writing…

This isn't really new with computers. People have been writing in code since time immemorial. What would have happened two hundred years ago if some defendant had been using a book cipher and the police don't know which page of which book is the key? I'm guessing that they would have brute-forced it. The complexity is much lower than the modern case as is the number of potential keys. I can imagine someone spending a…

> I'm guessing that they would have brute-forced it.

In an era before digital computers?

That still isn't any different. Nothing stops the police from hiring someone to break the encryption. They may not be able to do it but that is no different than before. Many ciphers that are broken today were not broken decades or centuries ago -- good luck brute forcing even 56-bit DES in 1975. It's completely plausible that AES will be considered insecure some years in the future even if nobody can break it today.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#184
post #60
post #49

So the police no longer need to plant drugs. They can just plant encrypted hard drives to which you have 'forgotten' the password. Hard-drives containing hashes of 'bad' pics. And then you can spend your life in jail (unless you plead guilty) ?

This. And what if you genuinely forget the password to one of your encrypted drive. Couldn't it be used to incriminate you on whatever charge?

They have to convince a court beyond reasonable doubt that you know the password, AFAIK. An extreme example would be pulling the power plug on a computer you're using as the police arrive: you'd be hard pushed to convince a jury beyond reasonable doubt that you don't know it. Of course, shades of gray, etc.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#185

Earlier quoted context omitted.

> What if he no longer possess them? He could have deleted them. If that's the case he should give the FBI the key. That way he'll prove he wasn't possessing child pornography.

Or maybe he is a firm believer that there is no faster way to erode our constitutional protections than to voluntarily surrender them. Or maybe he believes that damn pesky constitution (sarcasm) applies to everyone including the government when it comes to search and seizure, and to himself when it comes to right to due process of law, and the protection against self incrimination to name just a few. Or maybe there i…

Maybe. But let's be honest here: there's CP on that drive. This is a good case for spinning around on HN arguing about the extent of the bill of rights protections in the face of creative application of the All Writs Act. It's a terrible one for actually defending the perp. I mean, come on.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#186
post #94

Earlier quoted context omitted.

If they're in possession of the original files they can just look at the files to see what they contain.

There could be a hash collision, which might be enough to provide reasonable doubt for a jury.

No, I mean if they have the image files, they can look at the images. It would be irrelevant what the image hashes to.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#187
Does anyone understand the intent of the foregone conclusion doctrine? It seems like if something's a foregone conclusion, instead of overriding 5th amendment rights, they shouldn't even need whatever's being hidden in the first place. So why the doctrine?

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#188
post #49

So the police no longer need to plant drugs. They can just plant encrypted hard drives to which you have 'forgotten' the password. Hard-drives containing hashes of 'bad' pics. And then you can spend your life in jail (unless you plead guilty) ?

They’d also need to plant a sister who will testify that you showed her a bunch of child porn.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#189

Earlier quoted context omitted.

> They aren't even asking him to tell them the password, just to enter the password to decrypt. How are you distinguishing one from the other? What makes compelling someone to speak the password aloud different from compelling them to type it with a keyboard?

Well, the government has made a distinction for physical security [1]. So it's probably not too much of a jump to make. That case is probably the closest case law to this one we have, though the facts aren't quite the same (the police didn't have as much evidence for what might be on the phone in that case). [1]: https://arstechnica.com/tech-policy/2017/01/court-rules-agai... EDIT: Worth pointing out that line in tha…

The obvious difference is that fingerprints aren't testimony. They aren't in your mind, they're on your hand.

Re: Man Who Refused to Decrypt Hard Drives Still in Prison After Two Years

#190
post #94

Earlier quoted context omitted.

If they're in possession of the original files they can just look at the files to see what they contain.

Sure. My point was more that they might possibly not want to openly admit that they are in the possession of the original files. I'm sure law enforcement has lists with hashes of incriminating files, but I'm not sure if they are allowed to keep the original files. Even if they are, maybe they just want to avoid public discussion about it.

It's logically impossible for them to have the hashes of the files without having had the files at some point. If they no longer have the files, you might just as well take their word for it as to the content of the files as take their word for it what the hashes of the files are.
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