Pretty Good Pornography

The Bellman — Sat, 15 Dec 2007 15:18:01 -0800

A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is here[PDF]. A decent write-up (from CNET of all places) is here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's combination safe, well maybe that's different. Never let it be said that your Fifth Amendment rights are easy.

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Pretty Good Pornography