Judge rules defendant need not disclose encryption keys.

Perry E. Metzger perry at piermont.com
Sat Dec 15 10:03:56 EST 2007


     Imagine the government seizes a suspect's hard drive and finds
     encrypted files inside. Can the government force the suspect to
     enter in his encryption passphrase so the government can view the
     decrypted files? Or does the Fifth Amendment privilege give the
     suspect a legal right not to enter in the passphrase? On November
     29, Magistrate Judge Jerome Niedermeier in Vermont handed down
     the first opinion to squarely address the issue: In re Boucher.


[Hat tip to Eric Rescorla's blog.]

Perry E. Metzger		perry at piermont.com

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