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

bleepingcomputer.com

251–260 of 284 posts

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

#251

Earlier quoted context omitted.

Most "developed" governments recognize some right to privacy. Counter examples that come to mind would be censorship by governments who surveil internet traffic & lock up "rebels", or governments that go into people's houses without warrants, checking to see if you're harboring people of a "banned" sect. I worked with a developer who had just moved to the USA from Cuba, he told me stories about how they would go arou…

My question was not loaded. I'm not assuming anything (well, except that by having broad surveillance rights the govt can do harm to regular people). I'm looking for documented cases where common people have been harmed so I can feel more impacted by it (and I have better examples when talking about these subjects with friends and family). It's not fair to unload these research needs on HN so I'll do more googling to…

> I'm looking for documented cases where common people have been harmed so I can feel more impacted by it (and I have better examples when talking about these subjects with friends and family).

https://www.thenation.com/article/how-clerical-error-barred-...

https://www.propublica.org/article/fbi-checked-wrong-box-rah...

Some highlights:

* it was revealed in the lawsuit that she was put on the no-fly list due to a clerical error

* the government used nearly every tactic available to keep the details of her lawsuit secret in the name of national security, meaning a) they were actively trying to cover up embarrassment of the clerical error, b) the DOJ actually don't have an easy way to know why someone is on the no-fly list, or c) they have a way but have little to no interest in finding out. None of those are good options for a democratic developed country.

* this interrupted her Ph.D. studies at Stanford.

* this interrupted her ability to appear in court for her own lawsuit (because her name remaining on the no-fly list prevented her from travelling back to the U.S.)

* this cost millions of dollars in attorneys fees and what looks like years of time for her

* there is no evidence that the administration of the no-fly list has improved since then, and indeed has only grown (almost certainly a link from the Intercept that backs this up, but you're not paying me to research this and I am now bored and hungry)

Edit: just so it's clear-- the reason she kept reappearing in the list is because the nature of wide-net surveillance databases is that they sprawl across multiple agencies that often don't have the ability to communicate well with one another. Further, no congressperson in their right mind is going to publicly take up the cause of "cleaning up the no-fly list" because the moment there is anything resembling a terrorist attack an opponent will beat them by calling them "soft on terrorism."

One final edit: Question: be honest, if she had lost this lawsuit and I had included her story as an example of common people being impacted by wide-net surveillance, would you have found it convincing?

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

#252
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) ?

As the note at the bottom of the article implies, "hashes" of files on an encrypted disk? WTF? " Bleeping Computer users have pointed out that you cannot match file hashes to encrypted content. The article was updated with a link to court documents from where the prosecution's statement was cited. "

The hashes were acquired as Freenet content hash keys. He was sharing CP on freenet, which the government scrapes for known CP signatures.

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

#253

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.

He claims he doesn't remember his password.

And at this point I am tempted to believe him. Apparently he's tried to enter the password for the FBI and has been unsuccessful.

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

#254
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.

That would be a valid point if he was in prison because he was convicted of possessing child pornography. But that's not the case.

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

#255

Earlier quoted context omitted.

No because then he gets convicted and sentenced for a definite amount of time. Leave the hard drive encrypted and he's in jail indefinitely.

I mean, he could have testified at the contempt hearing or presented any sort of evidence that he just plain forgot the password, and the court might have heard that. He opted to not testify or introduce any testimony at this hearing. So that court hearing did not seriously consider memory failure because the defendant did not seriously assert it. (Of course if he was lying about the failure of his memory, that asser…

If indefinite imprisonment can result from one's failure to prove that one does not remember (or never knew) some piece of information, I consider that a serious flaw in our legal system.

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

#256
post #60

Earlier quoted context omitted.

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.

It's odd that you can be required to prove your own innocence beyond reasonable doubt. I would have sworn that it was supposed to work the other way around.

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

#257
post #256

Earlier quoted context omitted.

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.

It's odd that you can be required to prove your own innocence beyond reasonable doubt. I would have sworn that it was supposed to work the other way around.

[deleted]

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

#258
post #232

Earlier quoted context omitted.

The Miranda in your Miranda Rights wasn’t exactly an upstanding citizen either

And again, if you want to talk about the constitution I'm all for it. But just don't do that in the context of "you know, maybe this guy is innocent". That's silly and counterproductive. The practical thing happening here is that the prosecution almost certainly could build a case on the evidence they have, but in practice they don't have to because the judge is willing to hold the guy in jail on procedural grounds.…

I don't think many people on this thread would have a problem with the case if the guy had gone in trial for possessing child pornography and had been convicted.

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

#259

Earlier quoted context omitted.

This is the best analogy I've seen. Can you be compelled to labor to help the prosecution? What if I had a huge stone vault. To get to the inside of it would take the fed 7 years of digging. The crime they have a warrant for has a statute of limitations of 5 years. If I help them dig, they can get there in 4 years. Can they force me to dig with them?

Interesting question. In my opinion, no, they could not obligate you to help dig, because they could get someone else to help with that. If you had a key, however, it might be different?

Furthermore, what if you didn't have the key, but had a photographic memory and could draw out the shape of the key for them to make one? Could they then compel that?

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

#260

Earlier quoted context omitted.

I mean, he could have testified at the contempt hearing or presented any sort of evidence that he just plain forgot the password, and the court might have heard that. He opted to not testify or introduce any testimony at this hearing. So that court hearing did not seriously consider memory failure because the defendant did not seriously assert it. (Of course if he was lying about the failure of his memory, that asser…

I’m curious - how exactly do you propose to present evidence that you forgot something?

One way would be to bang your head into the wall and cause an injury serious enough that a doctor could testify that you have brain damage and therefore memory loss.
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