Thursday, October 31, 2013

Courts finally decides that Fifth Amendment Prohibits Compelled Decryption

Last February the US courts decided that it was illegal to hold a person in jail for not giving up his decryption password. When the grand jury asked him to provide the decryption password and he pleaded the fifth he was held in contempt and sent to jail. This was overruled by the 11th U.S. Circuit Court of Appeals and they agreed that forcing the defendant to give up his key. The program that he used is truecrypt that has foreseen this problem and has added a feature to have a hidden partition for these types of situations.

The thing about this ruling it was only ruled that you cant be held in contempt for not giving your password.

Now a new Court proceeding ruled that Compelled Decryption also falls under the fifth amendment and will also be protected.

No comments:

Post a Comment