Different actions on different passwords?

Bruno Wolff III bruno at wolff.to
Tue Dec 31 17:44:14 UTC 2013


On Tue, Dec 31, 2013 at 14:13:11 +0000,
   Bill Oliver <vendor at billoblog.com> wrote:
>
>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.

While this isn't settled, the main theme where people were ordered to provide 
passwords have been where it was already known what was on the machine 
before hand. Either because customs saw what appered to be child porn and then 
couldn't get the data back afterwards or when someone stated they had some 
particular information on their machine.

And of course in civil cases (such as copyright suits), you might lose by 
default if you don't provide the requested data.


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