Matt sent me the link to this story today. This is a situation I have been following for a while:
A federal judge has ordered a criminal defendant to decrypt his hard drive by typing in his PGP passphrase so prosecutors can view the unencrypted files, a ruling that raises serious concerns about self-incrimination in an electronic age.
In an abrupt reversal, U.S. District Judge William Sessions in Vermont ruled that Sebastien Boucher, who a border guard claims had child porn on his Alienware laptop, does not have a Fifth Amendment right to keep the files encrypted.
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Boucher’s attorney, Jim Budreau, already has filed an appeal to the Second Circuit. That makes it likely to turn into a precedent-setting case that creates new ground rules for electronic privacy, especially since Homeland Security claims the right to seize laptops at the border for an indefinite period. Budreau was out of the office on Thursday and could not immediately be reached for comment.
I would be interested in hearing the community’s opinion on this matter.
Personally, I think this is wrong. While it sucks that people would use technology in such a manner, the effect of such a ruling would be extremely negative. With the DHS making claims such as:
A pair of DHS policies from last month say that customs agents can routinely–as a matter of course–seize, make copies of, and “analyze the information transported by any individual attempting to enter, re-enter, depart, pass through, or reside in the United States.” (See policy No. 1 and No. 2.)
DHS claims the border search of electronic information is useful to detect terrorists, drug smugglers, and people violating “copyright or trademark laws.”
And you join that with the authority to force users to give up passwords.. Well, lets just say I will not travel with client data on my system, even in an encrypted format. The argument of “If you have nothing to hide, you won’t mind us looking” is invalid as well, as data is entrusted to me and I have an obligation to not share it.
And beyond that, anyone that is savvy enough to use encryption is also going to know to just keep their data in the cloud, encrypted, and access it when they reach their destination. Oh, use a product like Truecrypt, and place the encrypted container in your windows/system32 directory under the name of “explorer.dll”.
These sorts of moves do nothing other then hurt legitimate use of technology while doing nothing to reduce the risk they are targeted too.
Thoughts on this matter are welcome.