Could having to give federal agents access to your hard drive violate your fifth amendment rights against self-incrimination? Phillip DuBois, attorney for Ramona Fricosu, thinks so. And the Electronic Freedom Foundation is backing him up.
Ramona and her husband are being charged for allegedly filing fraudulent documents to get title to Colorado homes and then selling the residences without ever paying the outstanding mortgages. Federal agents have asked that she provide the password to the laptop she was forced to turn over to them as part of the case.
The implication by DuBois that his client might not know the password seems a little silly, but it’s probably laid out that way so that she can refuse to de-encrypt it if she chooses to.
How does an encrypted computer differ from, say, a locked file cabinet? Would having to unlock a file cabinet carry the same weight?
Read the full story at techzone360.com.
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