Consider for a moment the implications of a world without the protections afforded under the Constitution and the Bill of Rights…the man in this story does not have to do that, he is living it right now. Now I am against child sex predators as much as anybody, but this case STINKS! The Man has not even been charged with a crime except Contempt of Court!! As a person commented later, consider a world where ANYBODY can be set-up and framed when these Constitutional protections are not in place, that is where this man is now and the rest of us poor souls are headed.
Consider for a moment How easy would it be for somebody to plant a laptop or hard drive in your possession, call the Cops, accuse you of having child porn and then when you are asked to open the files you can’t because you have never seen the laptop or hard drive in your life and certainly would not know the password. In an instant your life just got ruined. Nightmarish? Yeah it is and it is totally feasible when we live in a nation where the Constitution no longer exist. The new law of the land is now GUILTY until proven INNOCENT and the 5th Amendment? What’s That? Law Enforcement has created an Easy fix: IF YOU DON’T TALK WE WILL THROW YOU IN JAIL UNTIL YOU DO.
As a Civilian Operator, Consider the Implications of an event like this happening to you. This is the world we live in now. It is a type of Warfare both the Government and nefarious individuals (hackers and conartist) could wage on the unsuspecting and ignorant and we ALL have to get saavy to it real quick if we expect to survive. -SF
So Much For The Fifth Amendment: Man Jailed For Seven Months For Not Turning Over Password?
The FBI recently spent more than $1 million for assistance in decrypting a device’s contents. It may have overpaid. Alternatives exist, whether it’s a $5 wrench or indefinite imprisonment for not helping the government with its prosecution efforts.
A Philadelphia man suspected of possessing child pornography has been in jail for seven months and counting after being found in contempt of a court order demanding that he decrypt two password-protected hard drives.
The suspect, a former Philadelphia Police Department sergeant, has not been charged with any child porn crimes. Instead, he remains indefinitely imprisoned in Philadelphia’s Federal Detention Center for refusing to unlock two drives encrypted with Apple’s FileVault software in a case that once again highlights the extent to which the authorities are going to crack encrypted devices. The man is to remain jailed “until such time that he fully complies” with the decryption order.
The Fifth Amendment should prevent the government from punishing a person for not testifying against themselves, which is what’s being argued by the defendant’s representation in its appeal to the Third Circuit. (Although it’s actually indirect representation. The government’s case is actually against Doe’s devices [“United States of America v. Apple MacPro Computer, et al“] and his lawyer is hoping for a stay of the contempt order during the appeal process.)