Password Encryption Protected Under Fifth Amendment

Well, they can fish all they want. The crux of the issue is they can't force you to assist them in fishing.

yes, that is what I meant to imply.

just like telling the office you will not consent to a random search of your car, is not a good reason to search your car
 
Even if TrueCrypt ever had been broken, there are two possibilities with vastly different implications. Either (A), a side-channel attack hinging on a (fixable) implementation problem, or (B) one of the underlying encryption algorithms has been cracked, which is a far more significant (though currently improbable) issue.
 
Keep him in custody until it is unlocked. Create a distributed computing app that is specific to this task and have a few million people contribute to cracking it, if its nothing let him go, if its loaded with bad stuff hopefully it'll lead to more arrests.

Distributed.net is doing that right now, with a 72 bit key: RC5-72 bit.
Currently just over 2% done @ 3,373 days.
Estimated remaining time at current rate: 45,081 days (123 years).

A life sentence or self incrimination. Which to choose?
 
Keep him in custody until it is unlocked. Create a distributed computing app that is specific to this task and have a few million people contribute to cracking it, if its nothing let him go, if its loaded with bad stuff hopefully it'll lead to more arrests.

They would probably not crack it in his lifetime. It's AES-256. Even the best attacks on AES-256 only reduce the time taken to break it by a small amount. It would still take trillions of years, literally.

Even if TrueCrypt ever had been broken, there are two possibilities with vastly different implications. Either (A), a side-channel attack hinging on a (fixable) implementation problem, or (B) one of the underlying encryption algorithms has been cracked, which is a far more significant (though currently improbable) issue.

As far as I know, TrueCrypt hasn't ever been "broken" per se. But there are.. or were.. a couple vulnerabilities if you did something stupid like leave the system on and logged in to Windows in some fashion, that would allow someone to get your password.
 
Wow, twice today I've read something where common sense prevails! (The other one being the OK tax on violent games being denied.)
 
yes and I am semi OK with forcing you to decrypt when they know whats on there.

but they should be able to go fishing

If they "know" what's on there, why would they need you to decrypt it? If someone thinks they saw something on a computer, that is not the same as knowing what's on the computer, and having 12 of your peers agree that's what's on the computer. Any way a suspect assists in strengthening that testimony is testifying against themselves.

"know" ing something in this case, means legal strength knowing and either it's a 12 person fact or it's opinion.
 
I don't understand... why can't the police or FBI just decrypt it? You're telling me there NO ONE in law-enforcement that can get into this drive? They should be offering this man a job if that's the case.
 
I don't understand... why can't the police or FBI just decrypt it? You're telling me there NO ONE in law-enforcement that can get into this drive? They should be offering this man a job if that's the case.

Uh. They can't decrypt it because they don't have the password, and to brute force an AES-256 solution like Truecrypt would take trillions of years.

It's not like on TV where it takes some hacker 30 seconds to break any and all encryption. Freely available open source encryption solutions are strong enough to make a brute force attack impossible within any kind of sane timeframe.

Barring flaws in implementation or user error, there is no getting into this guys stuff.
 
Sigh. No, that is not how it works. There is no magic point at which you give up your right to remain silent. You always have it. It means just that: You can clam up and not say anything and that refusal to answer a question cannot be used.

However if you volunteer information, they can use it, even if you later decide you wish to remain silent. There are no "taksies backsies" in playground terms. Once you've said something, they are allowed to make use of it.

But it is not a case of you say something and they say "Ahh, you cooperated! You now have to answer all our questions!"

If you believe it is, you need to learn the law better.

I think you should spend some time researching legal cases about encrypted hard drives.

I know the law. I don't think the Judges in this country care though.
 
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