First read the article to get the facts and statements:Magistrate Judge Finds Fifth Amendment Right Not to Enter Encryption Passphrase
http://volokh.com/posts/1197670606.shtml
I had posted something about this a year or so ago. A law created to make it a 5 year prison sentence if you refused to give the police your passwords. If the police came into your house on a legal warrant, seized your computer for a investigation, and found encrypted files - you would be compelled to give your password or face 5 years in jail!
The above ruling by a judge in a common, similar case is ruling that because the password is something 'of the mind' not a physical object - one does not have to be compelled to give it. The judge also cites protection against self incrimination.
Beware that the police had already found child porn on his laptop, having a encrypted file was assumed to be more child porn (what if it was just adult sick sex). It was likely that possessing more photos or videos would result in more counts of criminal violation, i.e. more jail time, more fines.
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My opinion?
It is up to the police to gather evidence of my crimes, I should not be compelled to help them. I have the right to remain silent. If the police found a encrypted disk, or computer, or internet account, it is up to them to gather evidence in those files - without any help from me. If they don't have a CRAY computer or 450 computers to brute force my password - thats their problem.
The flipside of the coin, you can be compelled to give testimony in a court - something of your mind. If you refuse, it is jail for contempt. So is giving up a password the same thing as testimony?
ALSO
I would like to see a case where they try this, and the person claims he/she forgot the password, what then? Will they insist you go see a hypnosis or some other head shrinker to extract it from your brain? Will that person face 5 years in prison because they lost a password to an obscure encrypted file left on their computer?
What do you think?
DNR