According to this Washington Post article, a man is suspected of having child pornography on his computer but the files are encrypted. The FBI wants the man to type in his password to decrypt the illegal photos. The man argues that to do so would constitute self-incrimination. So far the judge agrees with the suspect.
"If [he] does know the password, he would be faced with the forbidden trilemma: incriminate himself, lie under oath, or find himself in contempt of court," the judge said.
So far the judge agrees, what are your thoughts?
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3 comments:
You would think that the FBI would be capable of cracking the password without the suspect's assistance. Have I watched too many Borne movies?
I think there is a serious 5th amendment concern here. But, I wonder if he waived it which depends on many factors not contained in the brief factual description. Also, I agree with Frank. . . the FBI should have enough background information on this guy and/or the technological prowess to crack this code. I'm no computer whiz but it can't be that hard for the technological geniuses.
So if the FBI does crack the password without a search warrant, would that be an illegal search and seizure?
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