On Wed, Jul 9, 2014 at 10:03 PM, Blanchard, Michael (InfoSec) <michael.blanch...@emc.com> wrote: > So, just for debate... > > The 5th protects us from handing over passwords. So they ask for decrypted > data to be handed over. > Wouldn't that be a 5th amendment violation as well? > > If police raid my house with a warrant, I do not have to do a thing other > than let them search and find what they want or not. > If they find a locked safe (and I know the document about where I buried > jimmy hoffa is in there), do I have to give them the combination? Sounds > like that would violate the 5th.... Can they force me to open the safe, thus > giving them the document inside? Does THAT violate the 5th... > What if they have a warrant to search the inside of the safe? Do I have > to surrender the combination then? > > Or do they have to attempt to open the locked safe themselves? > What happens if this is "uber-defcon-safe-2000" and it absolutely cannot > EVER be opened without the correct combination? What happens then when the > police with the warrant cannot open it? > Am I in contempt of court because I won't hand over evidence that I know > will incriminate me? > > Thoughts? Bonus points to those that can cite cases to backup their > opinion/facts... Double bonus if you're a constitutional lawyer and answer
I've read about a few folks tossed in jail over the "provide your password" warrant. Here's a couple of related article: * "US Appeals Court Upholds Suspect's Right To Refuse Decryption", http://beta.slashdot.org/story/165119. * "Constitutional Showdown Voided as Feds Decrypt Laptop", http://www.wired.com/2012/02/decryption-flap-mooted/. So it looks like its still up in the air. Also see "Key disclosure laws", https://en.wikipedia.org/wiki/Key_disclosure_law. _______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list.
