United States v. Fricosu
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United States v. Fricosu, No. 10-cr-00509-REB-02, is a federal criminal case in Colorado that addressed whether a person can be compelled to reveal his or her encryption passphrase or password, despite the U.S. Constitution's Fifth Amendment protection against self-incrimination.[1] On January 23, 2012, judge Robert E. Blackburn held that under the All Writs Act, Fricosu is required to produce an unencrypted hard drive.[2]
Fricosu's attorney claimed it was possible she didn't remember the password. A month later, Fricosu's ex-husband handed the police a list of potential passwords.[3] One of the passwords worked, rendering the self-incrimination issue moot.
The Electronic Frontier Foundation filed an amicus brief in support of Fricosu.[4][5]
Fricosu subsequently entered a plea agreement in 2013, meaning that the question of a defendant's right to resist mandatory decryption will not be addressed by a higher court until such time as a future case addressing the same issue arises.[6]
See also
References
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- ↑ Lua error in package.lua at line 80: module 'strict' not found.
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- ↑ https://www.eff.org/node/58527
- ↑ http://blogs.computerworld.com/18615/eff_fights_forced_decryption_with_fifth_for_fricosu
- ↑ http://scholar.google.com/scholar_case?case=9185030390462236515&hl=en&as_sdt=6&as_vis=1&oi=scholarr
