[FDE] Should Boucher be forced to handover the password to encrypted data?

[John Washburn]

RE: However I think people are missing the fact that Boucher has already
incriminated himself by showing the content of his encrypted vault to the
Border police. 

NO, the border guards *CLAIM* they saw child porn on his hard disk.  A claim
they can now produce no evidence of this point in time.  It is the same
situation if the drugs confiscated from your car last week disappeared from
the evidence locker before your arraignment hearing this week.

The testimonial evidence exists, true, but it is a week case without
physical evidence and the lack of physical evidence weakens the testimonial
evidence.


-----Original Message-----
From: fde-bounces at www.xml-dev.com [mailto:fde-bounces at www.xml-dev.com] On
Behalf Of SafeBoot Simon
Sent: Tuesday, February 19, 2008 1:25 PM
To: fde at www.xml-dev.com
Subject: Re: [FDE] Should Boucher be forced to handover the password to
encrypted data?

maybe the question isn't "should they", but "How can they?"

seriously, how can they force him to hand over a memory? It's
intangible.

Is torture legal in the USA at the moment?

S.


On Feb 3, 12:48 pm, "Ali, Saqib" <docbook.... at gmail.com> wrote:
> Here is what LinkedIn users are
saying:http://www.linkedin.com/answers?extendQuestion=&askerID=8020129&gobac
...
>
> This is in reference to the case where Sebastian Boucher has been
> charged with possession of child pornography. And the federal
> government is seeking to force Boucher to reveal password to computer
> files. More
info:http://www.washingtonpost.com/wp-dyn/content/article/2008/01/15/AR200..
.
>
> Most of the folks at LinkedIn said that NO. Since the password is part
> of his memory, you can not force him to divulge that and incriminate
> yourself. This right is described by the 5th amendment. And also how
> do you know that he hasn't forgotten the password?
>
> However I think people are missing the fact that Boucher has already
> incriminated himself by showing the content of his encrypted vault to
> the Border police. So, naturally, in this particular case I think
> Boucher should forced to hand over the encrypted the password.
>
> Please share your opinion here or on
LinkedIn:http://www.linkedin.com/answers?extendQuestion=&askerID=8020129&gob
ac...
> _______________________________________________
> FDE mailing list
> F... at www.xml-dev.comhttp://www.xml-dev.com/mailman/listinfo/fde

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