Different actions on different passwords?

Bill Oliver vendor at billoblog.com
Tue Dec 31 14:13:11 UTC 2013


In the US you *can* be ordered to provide a password. Though appeals are still working their way up to the Supreme Court, various courts have said you must, while others have said that you may not.  See, for instance:

http://privacycast.com/encryption-key-disclosure-ordered-federal-court-fifth-amendment-filevault-bitlocker-truecrypt/

http://www.techdirt.com/articles/20130425/08171522834/judge-says-giving-up-your-password-may-be-5th-amendment-violation.shtml

Thus, it currently in the stage where it depends on what jurisdiction you are in.  I am not confident that the Supreme Court will side with privacy or 5th amendment rights.

billo

On Mon, 30 Dec 2013, Bruno Wolff III wrote:

> On Tue, Dec 31, 2013 at 01:26:22 +0000,
>   Bill Oliver <vendor at billoblog.com> wrote:
>> 
>> Yeah, but poc was right in that if you have an image of the disk, you will 
>> know that there's an encrypted partition there, and you can get a court 
>> order to force the password.  Since you have no fourth amamendment rights 
>> upon entry to the country at the moment, the government does not need a 
>> warrant to seize your laptop and/or make an image of it to play with at 
>> one's leisure.  Of course, even having a good password is no guarantee any 
>> more.
>
> In the US you probably can't be ordered to provide your password. If you are 
> transiting the border it is probably best not to take sensitive data with 
> you. It will normally be safer to use the internet to transfer the data after 
> you have crossed the border.
>


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