Can the courts make you open your computer? They can certainly confiscate your computer and search it for evidence of criminal activity; they can compel you to open encrypted files if you’re a suspected terrorist (The Patriot Act); but if you plead the Fifth, they may not be able to order you to fork over passwords. A woman in Colorado, Ramona Fricosu, has been charged with fraudulent real estate transactions in a mortgage scam. Police raided her residence and found a laptop in her bedroom. The potentially incriminating evidence resides in encrypted files.
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Cough Up That Encryption Key - or Else!
Posted by: Rob Spiegel July 13, 2011 12:26 PMCan the courts make you open your computer? They can certainly confiscate your computer and search it for evidence of criminal activity; they can compel you to open encrypted files if you’re a suspected terrorist (The Patriot Act); but if you plead the Fifth, they may not be able to order you to fork over passwords. A woman in Colorado, Ramona Fricosu, has been charged with fraudulent real estate transactions in a mortgage scam. Police raided her residence and found a laptop in her bedroom. The potentially incriminating evidence resides in encrypted files.