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Re: Judge Rules Man Cannot Be Forced To Decrypt HD
From: David Farber <dave () farber net>
Date: Wed, 20 Aug 2008 08:49:47 -0400



Begin forwarded message:

From: "Steven M. Bellovin" <smb () cs columbia edu>
Date: August 20, 2008 8:41:11 AM EDT
To: dave () farber net
Subject: Re: [IP] Judge Rules Man Cannot Be Forced To Decrypt HD

On Wed, 20 Aug 2008 08:17:46 -0400
David Farber <dave () farber net> wrote:



The article stresses the potential importance of this ruling (which
was issued last November but went unnoticed until now): "Especially
if this ruling is appealed, US v. Boucher could become a landmark
case. The question
of whether a criminal defendant can be legally compelled to cough up
his encryption passphrase remains an unsettled one, with law review
articles for
the last decade arguing the merits of either approach."

As you say, this is an old story -- it was even discussed on IP (see
http://www.listbox.com/member/archive/247/2008/02/sort/time_rev/page/8/entry/12:217/20080208014529:5AF52718-D611-11DC-864D-A4C18C4BADF8/
among others).  However, I'd like to point folks at Orin Kerr's
analysis at http://www.volokh.com/posts/1197670606.shtml .  In a
nutshell, Prof. Kerr thinks that regardless of the legal reasoning in
general, the facts of this particular case don't support the broad
conclusion.


                --Steve Bellovin, http://www.cs.columbia.edu/~smb




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