Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.
"And yet the people who invented this country saw an aggressive, independent press as a protective measure against the abuse of power in a democracy, and an essential ingredient for self-government." Bill Keller, executive editor of the New York Times, publicly responds to criticisms on the publication of information about clandestine surveillance of private bank records of Americans, offering a rare glimpse into the Fourth Estate's complicated negotiations with the government over issues of public interest.
posted by Mr. Six
on Jun 26, 2006 -
A explicit Right to Privacy Amendment? Dan Savage asks: why can't we have one?--...Here we are, decades after Griswold, and social conservatives and liberals are constantly arguing about whether or not the right to privacy, which is a popular right (naturally enough), and one to which most Americans believe they're entitled, is actually a right to which Americans are entitled, constitutionally-speaking. ... It affects all aspects of our lives-- from sexuality to procreation to speech to property to employment to housing, so isn't it time? Europe has one, in the European Convention on Human Rights :Article 8-the right to respect for private and family life, home and correspondence. ...Article 8 offers general protection for a person’s private and family life, home and correspondence from arbitrary interference by the State. This right affects a large number of areas of life ranging from surveillance to sexual identity - it is framed extremely broadly. However, the right to respect for these aspects of privacy under Article 8 is qualified. ...
posted by amberglow
on Nov 3, 2005 -