Bryan McLellan wrote:
On Wed, Feb 9, 2011 at 4:08 PM, Bill Thompson <[email protected]> wrote:
rest, not just unmounted or off-line. As for the lawsuits, the court
would require that you turn over the encryption keys and/or passwords so
there is no protection there.
Would they? There are 5th amendment concerns. Don't ever show someone
your decrypted data, give them your keys, or passwords until you've
spoken to a lawyer.
http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-amendment-privilege.html
Bryan McLellan
If it's your computer, your password, and you are the defendant in a
criminal matter, you may be able to avoid surrendering the
passwords/keys. (Making a defendant give up his password is akin to
making him tell you where the bodies are buried.)
But if someone else is storing data on your encrypted system or on a
system whose keys or passwords you know, you will likely have to
surrender the passwords, as the Fifth Amendment protection does not
extend to you.
This is only for criminal prosecutions -- in a civil matter, you will
most likely have to surrender the password on even your own computer,
and in fact may have to do so on your own computer even if you are not
the defendant but may have information that the opposing attorney seeks.
(Though you will have other protections.)
E
--
Erik B. Ryberg
Attorney at Law
312 South Convent Avenue
Tucson, AZ 85701
phone: (520) 622-3333
fax: (520) 622-2406
