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Man Jailed Indefinitely For Refusal To Decrypt His Hard Drives
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Man Jailed Indefinitely For Refusal To Decrypt His Hard Drives - May 17, 2016, 12:27 AM

Apple is about to find them selves in the crosshairs again. This time for the native File Vault encryption on the Mac Pros and MacBook Pros.

The Federal Government has taken the position that if there is enough reasonable suspicion and anecdotal evidence, that they can hold you in contempt of court and jail you indefinitely for not complying with investigators and decrypting your drives!


Alleged Crime aside as a test case of these laws: I have deep reservations about how far the Governent is now wiling to force its citizens to hand over the keys to the privacy.

For all intents, the government is setting up a way of finding one guilty of encrypting their data without the government's consent.

Indefinite prison for suspect who won’t decrypt hard drives, feds say http://arstechnica.com/tech-policy/2...ecrypt-drives/ Christiaan Colen Federal prosecutors urged a federal appeals court late Monday to keep a child-porn suspect behind bars—where he already has been for seven months—until he unlocks two hard drives that the government claims contains kid smut. The suspect, a Philadelphia police sergeant relieved of his duties, has refused to unlock two hard drives and has been in jail ever since a judge ordered him to do so seven months ago—and after finding him in contempt of court.

The defendant can remain locked up until a judge lifts the contempt order. The government said Monday he should remain jailed indefinitely until he complies. The authorities also said that it's not a violation of the man's Fifth Amendment right against compelled self incrimination because it's a "foregone conclusion" that illegal porn is on the drives, and that he is only being asked to unlock the drives, not divulge their passcodes. "This is not a fishing expedition on the part of the government," federal prosecutors told the 3rd US Circuit Court of Appeals of Philadelphia.


The suspect has not been charged with any child-porn related crimes. Yet he is imprisoned in Philadelphia's Federal Detention Center for refusing to decrypt two drives encrypted with Apple's FileVault software in a case that highlights the federal government's war on encryption. A federal magistrate has ordered him imprisoned "until such time that he fully complies" with the decryption order. The man's attorney, Federal Public Defender Keith Donoghue, is demanding that the appeals court immediately release his client from prison because he is being "held without charges." (PDF)


Investigators say they know child porn is on the drives. His sister saw some of it and the suspect is said to have shown his family an illicit video, too. The drives, the government said, (PDF) were connected to a Mac Pro. A subsequent forensic exam of his Mac Pro computer revealed that Doe had installed a virtual machine (software that emulates a separate computer within his computer).


Within the virtual machine the examiner found one image of what appeared to be a 14-year-old child wearing a bathing suit and posed in a sexually suggestive position. There were also log files that indicated that Doe had visited groups titled: “toddler_cp,” “lolicam,” “hussy,” “child models – girls,” “pedomom,” “tor- childporn,” and “pthc,” terms that are commonly used in child exploitation. The exam also found that Freenet, the peer-to-peer file sharing program used by Doe to obtain child pornography from other users, had been installed within the virtual machine.

The exam showed that Doe accessed or attempted to access more than 20,000 files with file names consistent with obvious child pornography...and that he used the external hard drives seized by Delaware County detectives to access and store the images. The defendant, who is referred to as "John Doe" in court papers, claims he forgot the passwords. The suspect's identity is Francis Rawls, according to trial court papers. The government, however, countered.



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May 17, 2016, 12:57 AM

So...by extension, if the Feds think you're guilty, they can jail you until you show them where you buried the bodies, at which point they jail you. I don't doubt the validity of the alleged crimes - the Feds are probably correct in their conclusions, but the methodology has me concerned.

I may be missing something, but isn't forcing someone to decrypt their drives akin to forcing someone to incriminate oneself? They keep making these sweeping judgments how certain amendments apply or don't apply as regards modern technology, but we still say that freedom of the press includes modern media, and yet somehow 4th and 5th amendments aren't applicable to digital data? I get that this would not be a 4th issue, because the search would likely be warranted in this case - but that doesn't mean that you have to go make your stuff available to the gov. They have to go find it themselves.

Someone please school me on the constitutional law aspects here. Until I get a good reason otherwise, I think the Feds having defacto rights to the data I choose to keep to myself is bullshit. Whether it's encrypted on my computer, in some cipher that I've written on a piece of paper, or a thought in my mind. They want it? They should have to find a way to legally (constitutionally) obtain it.
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May 17, 2016, 06:38 AM

Anyone's smart phone can incriminate them in myriad ways. Riding a sportbike could be enough cause for a stop and phone seize to see if you have been speeding at and point based upon GPS and cell site data. So you don't have to be a perv to have this kind of precedent bite you.
In this case a jury would reasonably find him guilty based upon the evidence they have, and they don't need full access to the locked files.
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May 17, 2016, 06:48 AM

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Anyone's smart phone can incriminate them in myriad ways. Riding a sportbike could be enough cause for a stop and phone seize to see if you have been speeding at and point based upon GPS and cell site data. So you don't have to be a perv to have this kind of precedent bite you.
In this case a jury would reasonably find him guilty based upon the evidence they have, and they don't need full access to the locked files.
Probably not to convict him, but to go after other people they need the access. That is probably the reason.


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May 17, 2016, 07:36 AM

If you're involved in any sort of litigation, the opposing side may send a subpoena for just about anything from you. That has traditionally meant documents and explanations. For explanations, depositions are not unusual. However, in an electronic age, that has to mean data as well. Unfortunately, just because it is electronic doesn't mean you can refuse to hand over. Self-incrimination has to do with answering questions. You still don't have to reveal the contents of your consciousness.

Disclaimer: I am not a lawyer.


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May 17, 2016, 07:54 AM

Secret remote backups.

Auto deletion/wipe of system drives based on either routine update check or attempted forced decryption.

They try to access and it wipes itself.
or
You fail to login within a certain period of time and it wipes itself.


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May 17, 2016, 07:54 AM

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So...by extension, if the Feds think you're guilty, they can jail you until you show them where you buried the bodies . . .
But it's not "think" since they have testimony from witnesses that saw him with "the bodies". They can prosecute him with what they have and should. If he's convicted, then they can try to make a deal with him for the files. Isn't that how they do it when they want killers to lead them to their victim's remains?

It makes sense that they want access to further an investigation to catch a larger pool of perpetrators. It's hard to argue a point that could protect child-abusers, maybe even harder than terrorists, but that's probably why they picked this case.

They have the means and methods to get this case done so it seems like this is just a straight attack on encryption dressed in inflammatory bull.


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This is what happens when weak minded adults allow children to make decisions. You get stupid shit like this.
unintentional accidental

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May 17, 2016, 08:49 AM

To the best of my knowledge, they can't make you unlock your file cabinet or safe. They have to be bust / cut it open even if they have a warrant. To me, this would seem to be in the same category as those.

This guy is most likely guilty as sin of some pretty awful stuff, but that is NOT a reason to throw away his constitutional rights. Once you do that for this crime, it gets easier to do it to anyone else.


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May 17, 2016, 09:01 AM

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This guy is most likely guilty as sin of some pretty awful stuff, but that is NOT a reason to throw away his constitutional rights. Once you do that for this crime, it gets easier to do it to anyone else.

This, you can't just side step our constitution because things are difficult. Jailing someone with no conviction of a crime is a crime and those holding him should also be put on trial. But who cares we have bathrooms to worry about.


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May 17, 2016, 09:46 AM

Yea I can't support this either... its supposed to be the prosecutors' job to supply the evidence. Taking a person to court (or jailing them) on the idea that there is evidence somewhere doesn't seem like an innocent until proven guilty or any sort of just legal system.

If they have some evidence that the case was built on then it seems THAT is the evidence in which they should prosecute him with.

What if you forget your password (which i do sometimes) then your life is over...?


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May 17, 2016, 10:01 AM

They deliberately pick these cases to push it on, too... bcause people who come out against the .gov's actions on it can easily be attacked as supporting a sick pedo fuck


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May 17, 2016, 10:46 AM

Quote:
Originally Posted by phogroian View Post
Anyone's smart phone can incriminate them in myriad ways. Riding a sportbike could be enough cause for a stop and phone seize to see if you have been speeding at and point based upon GPS and cell site data. So you don't have to be a perv to have this kind of precedent bite you.
In this case a jury would reasonably find him guilty based upon the evidence they have, and they don't need full access to the locked files.
Then the government should move forward with the trial based on the preponderance of circumstantial evidence they current have.

At the moment, they have a possible smoking gun inside a box they cannot open and no body - so they have elected to use the Spanish Inquisition method of investigation: You will either confess to these crimes at which point we will have a trial to decide your punishment, or we will jail you indefinitely until you do confess.

I'm not comfortable with that at all and you shouldn't be either. Gitmo has just arrived on U.S. shores.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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May 17, 2016, 10:54 AM

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Gitmo has just arrived on U.S. shores.
Just arrived?


Physics always wins

. . . . so get that helmet cam! . . . . . . Because the D-K Effect is an STD .http://en.wikipedia.org/wiki/Dunning...3Kruger_effect

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Originally Posted by Slider View Post
This is what happens when weak minded adults allow children to make decisions. You get stupid shit like this.
unintentional accidental

DISCLAIMER: Yes, I am socially disabled so some things do need to be explained to me.

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May 17, 2016, 11:21 AM

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They deliberately pick these cases to push it on, too... bcause people who come out against the .gov's actions on it can easily be attacked as supporting a sick pedo fuck
Exactly! Never let a good controversy go to waste.

Government knows it would be a Pyrrhic victory from an optics and character perspective for anyone who would oppose the government's action - while there's little to no negative repercussion.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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May 17, 2016, 12:09 PM

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Just arrived?
LOL Yeah I was watching a youtubes TED guy was talking about the prisons inside the prisons.


Yeah I am old enough to know better. Thing is, I just don't care.
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