There is a very interesting article in the Washington Post this morning involving encrypted data and our rights against self-incrimination.  Federal prosecutors in Vermont are asking the courts to compel a defendant (suspected of possessing child pornography) to divulge the password that would decrypt data on his hard drive. The defendant has refused to do so, saying that doing so would amount to self-incrimination.   So far, the Judge in the case is agreeing with the defendant. 

Magistrate Judge Jerome J. Niedermeier (using an analogy) said that the government can force someone to hand over a key to a safe but not the combination. The difference being that one is a physical object and the other is the “contents of one’s mind.” Obviously, this can have some very serious consequences if this ruling is allowed to stand. Technology as it is today doesn’t really provide an alternative course the government. The short answer is breaking the encryption is nearly impossible and could take years. The obvious effect of this ruling would be to create a safe haven for child pornographers, criminals and terrorists. Imagine the potential consequences if this were a terrorist with plans for upcoming attacks on his laptop. What then?

Check out the story… http://www.news.com/8301-13578_3-9834495-38.html

Read the ruling……. http://www.volokh.com/files/Boucher.pdf

Welcome to the Second Creek eDiscovery blog. The world of electronic discovery and computer forensics is constantly evolving. Our staff will use this forum to inform, educate and even entertain you with news, updates, opinions, tips, and war stories from the front lines of eDiscovery.  Stay tuned. It figures to be a most interesting ride.  JES