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Pretty Good Privacy is Pretty Legally Protected

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Pretty Good Privacy is Pretty Legally Protected

Postby lordfoul » Mon Feb 11, 2008 6:33 am

A federal magistrate judge has ruled that a criminal suspect has a Fifth Amendment right not to divulge his PGP passphrase. The suspect, Sebastian Boucher, was charged with transporting child pornography on his laptop across the US-Canadian border. Customs agents had searched Boucher's laptop in December 2006 and found kiddie porn on the Z drive without entering a password. Boucher was arrested and the laptop was shut down. When investigators later tried to access the Z drive again, they found it encrypted with Pretty Good Privacy.

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Re: Pretty Good Privacy is Pretty Legally Protected

Postby Repzak » Mon Feb 11, 2008 6:49 am

Good. When you boil it right down to basics it should be obvious that a password is similar to a combination for a combination lock and as such is protected (by the SCOTUS) under the 5th. While I'm sure there will be appeals, I strongly suspect this decision will be upheld.

It's extremely important that the people have access to encryption and that they cannot be forced to divulge the contents of their minds. The day that protection is removed is the day we have an Orwellian society.
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Re: Pretty Good Privacy is Pretty Legally Protected

Postby Paladwyn » Mon Feb 11, 2008 12:27 pm

Doesn't a warrant for the information work in this case?

Or at the very least, they could get a cracker to crack the password.
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Re: Pretty Good Privacy is Pretty Legally Protected

Postby ejonesss » Mon Feb 11, 2008 12:38 pm

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