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!!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*

 
Sol-Magmatard 26
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01/23/2012 08:49 PM
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!!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
[link to potap-m.com]

In the expected, your hard drive may not be your steely drive: A federal judge has ruled that a Colorado the missis, charged in a mortgage scam anyway a lest, must turn over the countersign needed to decrypt her hard manipulate so that police can view the files on it.

Ramona Fricosu was accepted until Feb. 21 to comply with the system by U.S. District Court Judge Robert Blackburn. The magistrate said Fricosu's defense — the Fifth Re's right against self-incrimination — did not devote in the case, in which she is charged with bank deception, wire fraud and money laundering.
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In addendum, the EFF said, the government had not specified what it was looking for on the Fricosu's laptop, making it appear like an "evidence-fishing error."
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formerly Magmatard 26
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01/23/2012 09:00 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
I would not comply. Period.

As a matter of fact EVERYTHING I have, all my records, email folders, browser cache, etc lives on encrypted drives.

All I need to do is hit the power button and EVERYTHING goes away.

Couple that with 40+ character passwords and EVERYTHING having a unique password... SOLID.
Anonymous Coward
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01/23/2012 09:17 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
They would have to kill me LOL
Anonymous Coward
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01/23/2012 09:19 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
INDUSTRIAL MAGNETS

'nuf said
samanthasunflower

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01/23/2012 09:21 PM

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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
Aren't we supposed to have the right to not testify against ourselves? Couldn't see claim the 5th?
Anonymous Coward
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01/23/2012 09:23 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
Now, if she has just plain forgotten the password, will they waterboard her to get it?
Sol-Magmatard 26 (OP)

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01/23/2012 10:06 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
bump for additional commentary
formerly Magmatard 26
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01/23/2012 10:11 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
delete system32
Sol-Magmatard 26 (OP)

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01/23/2012 10:15 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
delete system32
 Quoting: Anonymous Coward 1484071


nice reference to Paranoia or was that in reference to windoze

Last Edited by Sol-Magmatard 26 on 01/23/2012 10:15 PM
formerly Magmatard 26
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01/23/2012 10:31 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
of fer cryyysakes---feds and others do this crap alla the time without a password
so if they really really really WANT TO GET IN THERE...
THEY WILL.
IRQ_1

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01/23/2012 10:34 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
This is intriguing and worthy of a pin.

I believe the Court is looking at this as giving up a key to a lock. Traditionally, if one were searched with a reasonable expectation you could retrieve a key and move forward AS LONG AS THE expectation of the 4th amendment was respected.

Is she giving up her 5th amendment right by not divulging the password? Interesting question?

What if the "key" were in her hands and the court gave a search order for it? Between body cavity/scanning searches what is the difference?



ON THE OTHER HAND.....


For her to reveal the key IS her 1st amendment right to do so. By writing, typing or speaking she would be exercising her 1st therefore by not doing this HOW IS she not exercising her 5th?

We are dealing with a MENTAL LOCK AND KEY BARRIER? How do modern Constitutional interpretations apply?

bump
Jack of all trades, master of none.
We are all the result of our past choices meeting the future.
"shall not be infringed."
Sol-Magmatard 26 (OP)

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01/23/2012 11:12 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
I'm enjoying the discourse and examination pls continue only by discussing the merits of the Constitution and how it applies do we collectively gain a better understanding.
formerly Magmatard 26
IRQ_1

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01/23/2012 11:22 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
I'm enjoying the discourse and examination pls continue only by discussing the merits of the Constitution and how it applies do we collectively gain a better understanding.
 Quoting: Sol-Magmatard 26


It's an interesting question to ask. At what point does the court have the authority to dictate forced 1st amendment usage.

Yes if she knows the key she should probably speak up but what if it is incriminating? She has the right to not turn over self-incriminating evidence. Is this not an example of that?

bump
Jack of all trades, master of none.
We are all the result of our past choices meeting the future.
"shall not be infringed."
N3m3s1s

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01/23/2012 11:28 PM

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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
delete system32
 Quoting: Anonymous Coward 1484071


How about a hammer. $2.99coffee4
Anonymous Coward
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01/23/2012 11:39 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
delete system32
 Quoting: Anonymous Coward 1484071


LOL!... That won't do what you think it does.
Anonymous Coward
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01/23/2012 11:48 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
that's why you need a phosphorous or thermite emergency kill switch for your computer lol

cops are coming in, flip the kill switch! burn the damn house down!
IRQ_1

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01/23/2012 11:49 PM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
delete system32
 Quoting: Anonymous Coward 1484071


LOL!... That won't do what you think it does.
 Quoting: Anonymous Coward 212949


My thoughts as well. The original article gives no details about encryption protocols used and of course simply by nuking ones Windows/*.* folder you won't destroy evidence of a crime assuming there was ever one.

The question runs far deeper, when can one be compelled to testify against oneself?

Last Edited by IRQ_1 on 01/24/2012 12:00 AM
Jack of all trades, master of none.
We are all the result of our past choices meeting the future.
"shall not be infringed."
Anonymous Coward
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01/24/2012 12:25 AM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
Sounds like they are fishing for evidence to fit their charges. Another court has already ruled that a defendant cannot be compelled to provide evidence or password simply on suspicion.
Anonymous Coward
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01/24/2012 12:45 AM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
I would have told the judge this:

You can order anything you want, but it is my belief that your order violates my 5th amendment rights. Is that a position you are willing to humanly defend?

If he says yes: Sue for violation of constitutional rights.

If he says no: Move that the order is stricken from the record.


If he says anything else: I plead the 5th.

If he says I am in contempt: I ask "is that civil contempt or criminal contempt?"

If it is civil, you have to be in violation of civil law. If it is criminal, you have to be in violation of criminal law.

If he answers civil or criminal: I ask what I violated, for the record.

If a judge under that much pressure can come up with a damned thing at that moment, I would be impressed.

Always understand that everyone (even a judge) is liable for everything that they do every second of every day. People will boss you around from sunup to sundown, until you ask them to be liable or responsible for their actions.
Anonymous Coward
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01/24/2012 01:04 AM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
She should turn over the key just as soon as OJ tells where the knife is
Anonymous Coward
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01/24/2012 01:10 AM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
Here it is: 86753o9
Anonymous Coward
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01/24/2012 01:16 AM
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Re: !!!UNCONSTITUTIONAL!!! Judge orders woman to give up password to hard drive *link inside*
So what happens if she refuses, jailed forever?

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