Sunday, January 29, 2012
Friday, January 27, 2012
Monday, January 23, 2012
The story is in Cnet.
The suspect should negotiate for complete immunity from prosecution for any offense disclosed by decrypting the laptop. The decrypted contents of the laptop could then be used as evidence against others, but not against her (the original suspect).
If prosecutors offer her such a deal, and she refuses, then she can be charged with contempt of court and given a lengthy prison sentence.
But as it stands now, prosecutors want to have their cake and eat it, too: they want the contents of the laptop AND they want to use it as evidence against the suspect.
They can’t have both.
The fifth amendment allows a defendant to just go limp and dare the prosecutor to convict him (her).
Really, people! Have an auto-destruct password ready. C’mon! A fake password that would erase the password file and wipe it out permanently, rendering the laptop inert. A brick.
These defendants are hardly sympathetic; the current one is charged with mortgage fraud. In 2009 and 2010 there were two cases involving child pornography.
But the next victim could be Claire Wolfe, or David Codrea.