Does 5th Amendment Protect Porn Passwords?

Hudson

Supreme Champion!!!!!
Donator
Joined
Jan 14, 2002
Messages
32,840
Likes
4,566
Points
898
Location
Land of misfit toys
#1
Does 5th Amendment Protect Porn Passwords?
AP) When Sebastien Boucher stopped at the U.S.-Canadian border, agents who inspected his laptop said they found files containing child pornography.

But when they tried to examine the images after his arrest, authorities were stymied by a password-protected encryption program.

Now Boucher is caught in a cyber-age quandary: The government wants him to give up the password, but doing so could violate his constitutional right against self-incrimination by revealing the contents of the files.

Experts say the case could have broad computer privacy implications for people who cross borders with computers, PDAs and other devices that are subject to inspection.

"It's a very, very interesting and novel question, and the courts have never really dealt with it," said Lee Tien, an attorney with the Electronic Frontier Foundation, a San Francisco-based group focused on civil liberties in the digital world.

For now, the law's on Boucher's side: A federal magistrate here has ruled that forcing Boucher to surrender the password would be unconstitutional.
http://www.cbsnews.com/stories/2008/02/07/tech/main3804858.shtml
:icon_eek::icon_eek:
 

mikeybot

SPANAKOPITA!!!
Joined
Jul 25, 2005
Messages
19,216
Likes
3,547
Points
558
Location
philly
#2
As much as a scumbag as he might be for having kiddy porn, I'd say that definitely falls under the 5th.
Though sic some good computer people on it and they'd probably be able to crack it.
 

poopiebottoms

Sparkling Wiggles Lover
Joined
Aug 23, 2002
Messages
793
Likes
1
Points
356
Location
1989 - Baba Booey!
#3
Even though the guy is a complete scumbag. I'd say it definitely falls under the fifth amendment. However, the laptop is evidence, and the judge can allow computer experts to crack the encryption scheme.

No encryption scheme is unbreakable, some just take longer than others.
 

seeinred

White Death
Joined
Apr 29, 2007
Messages
13,713
Likes
0
Points
196
Location
Sterling Heights, MI
#4
As much as a scumbag as he might be for having kiddy porn, I'd say that definitely falls under the 5th.
Though sic some good computer people on it and they'd probably be able to crack it.
Even though the guy is a complete scumbag. I'd say it definitely falls under the fifth amendment. .
x3. They'll crack it soon enough I'm sure.
 
Joined
Jul 13, 2006
Messages
12,836
Likes
1
Points
0
Location
Arkansas
#5
No encryption scheme is unbreakable, some just take longer than others.
Well, there are some that can't be cracked and the government trying to prosecute those with the programs tell them they will be charged with additional things if they don't give up their passwords.

So, they basically try to bully their way with threats.

There is some neat shit though that encrypts EVERYTHING on your computer, even Windows XP. not just files and other programs.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Joined
Aug 23, 2002
Messages
41,257
Likes
8,946
Points
768
#6
scumbag? yep. but he doesnt have to give them shit, and i would bet that they already cracked it and found what there looking for, but cant charge it against him because they didn't have a warrant, and need his permission to open it with out a warrant, they will H. Beaty chadwick him and toss his ass in jail for contempt for a decade then he'll blabb, im kind of surprised they just didn't label him a terrorists and patriot act him.....
 

CougarHunter

Lying causes cat piss smell.
Joined
Mar 2, 2006
Messages
10,532
Likes
2,537
Points
566
Location
KC Metro
#7
My understanding of the situation was that he was using a product called Pretty Good Privacy which is allegedly so good that it could concieveably take the feds years to break it.

Yes, it would fall under the 5th and cannot be compelled to produce it. BUT he was witnessed to be in possession of the kiddy porn by several feds and by their witness testimony he will certainly swing on the charge rather than let the statute of limitations lapse attempting to break the encryption.

This will be a bad test case for the apparantly new probem of customs demanding to look into the contents of your laptops, pda's, and cellulars when entering the country. Nobody who is innocent has yet to stand up just say "No," which will force into the public eye the thusfar unknown policies the government uses to justify their need to read emails, look at pictures, copy down the websites you visit, and even in somecases just wholesale copy your entire harddrives. Some laptops are siezed for weeks and in one case over a year.
 

mascan42

Registered User
Joined
Aug 26, 2002
Messages
18,617
Likes
5,505
Points
768
Location
Ronkonkoma, Long Island
#8
Yes, it would fall under the 5th and cannot be compelled to produce it. BUT he was witnessed to be in possession of the kiddy porn by several feds and by their witness testimony he will certainly swing on the charge rather than let the statute of limitations lapse attempting to break the encryption.
The moral of the story: if you see the FBI coming your way, it might be a good idea to turn off your computer with the illegal shit on it.
 

CougarHunter

Lying causes cat piss smell.
Joined
Mar 2, 2006
Messages
10,532
Likes
2,537
Points
566
Location
KC Metro
#9
Or the ol' whoopsie daisy like you would with a newborn of questionable pedigree.
 

Hate & Discontent

Yo, homie. Is that my briefcase?
Joined
Aug 22, 2005
Messages
15,773
Likes
1,343
Points
628
#10
Definately covered under the 5th. The dumbass shoulda kept all his kiddie porn on an iron key, then it wouldnt have mattered.
 

Vyce

Light-skinned, with no Negro dialect.
Joined
Feb 11, 2006
Messages
8,171
Likes
10
Points
496
Location
Washington D.C.
#11
This will be a bad test case for the apparantly new probem of customs demanding to look into the contents of your laptops, pda's, and cellulars when entering the country. Nobody who is innocent has yet to stand up just say "No," which will force into the public eye the thusfar unknown policies the government uses to justify their need to read emails, look at pictures, copy down the websites you visit, and even in somecases just wholesale copy your entire harddrives. Some laptops are siezed for weeks and in one case over a year.
Excellent point. I believe that the 5th amendment does cover this situation, and I would want it to cover passwords in general just because I feel that's definitely a right we need to have, specifically because technology is emerging.

It's just a bitter pill to swallow that it'll be used to protect a fucking pedo, though. Christ.
 

TheDrip

I'm bi-winning.
Joined
Jan 9, 2006
Messages
5,051
Likes
3
Points
228
#12
good to know, good to know.
 

Hudson

Supreme Champion!!!!!
Donator
Joined
Jan 14, 2002
Messages
32,840
Likes
4,566
Points
898
Location
Land of misfit toys
#15
I agree it is within his 5th amendment..but christ what a sicko to have it be a test it on!
 
Top Bottom