Friday, February 24, 2012

Encrypted hard drives now covered by 5th Amendment rights

In this US court decision, judges decided that the unnamed defendant would not be jailed for refusing to decrypt his hard drive to be used as evidence in a trial against himself. This decision rested upon the protection provided by the 5th Amendment to the US Constitution, which reads:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (source)
The defendant claimed that the act of decrypting his hard drive would be testifying against himself, and the courts ultimately agreed.

As technology advances, old laws, precedents, and decisions are no longer relevant. Some may not apply, and many may not even exist to cover new technologies such as encryption, which our forefathers could not have foreseen.

I think this decision is extremely positive and important for the rights of the individual when it comes to technology. The government has certain rights, but they don't own us. The defendant in this case was accused of having child porn, and while I have a moral opposition to child porn, I think it was valuable that he stood up for his rights. It seems that the political trends in recent times are chipping away at individual rights, so it's necessary to defend what we have.

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