CO - Authorities want woman to give up password

Federal prosecutors are asking a judge to force a woman to give them her computer password as part of an investigation in a bank fraud case.

Ramona Fricosu and Scott Whatcott were indicted in 2010 on charges of bank fraud after prosecutors alleged they ran a mortgage scam in the Colorado Springs area for people facing foreclosure.

Prosecutors say allowing criminal defendants to beat search warrants by encrypting their computers would make it impossible to obtain evidence.


Read more: http://www.gazette.com/articles/want-131144-woman-authorities.html#ixzz1iVg8WU3E

 

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  • January 4, 2012 11:39 AM Mamba wrote:
    The purpose of encryption is to prevent unauthorized access. The person is not authorizing access, just the same as if they are choosing not to speak during a questioning or refusing to provide a key to a door.

    In the door case, the cops (with presumably a warrant but not always) will simply break it down. In the case of not speaking, they can threaten jailtime or fines, but the person still has the right to refuse to answer the question.

    The latter applies here. They can threaten to fine or imprision, but that's all. As for the door-breaking analogy, if it means that much, they can hire a hacker to crack the encryption and work for the data.

    They just want to make it easy, but the defense is under NO OBLIGATION TO DO SO. That ppint is forgotten to many cops. If a cop asks you "Have you been drinking?" or "Have you raped anyone tonight", you do NOT have to answer them!

    They can demand thepassword all they wish...they can threaten all they wish, but if the person choses fines over cooperation, this is NOT ILLEGAL, this is how the law works.

    What's next, waterboarding for the password? It's their only recourse. So encrypt away, double-lock the doors, and never ever ever talk to a cop. They aren't on your side, and you don't work for them so you don't have to do their job for them. If they want evidence, they have to get it themselves, or they have to let you go.

    Besides, they'd do the same...cameras magically stop working when a cop commits a crime, evidence magically disappears, etc... THEY aren't going to be forthcoming, because they know the prosecutor has one job and one job only...to PROCUTE PEOPLE. They are NOT seeking justice, they are seeking convictions, so NOTHING that is said will ever be used to drop charges, only cherry-picked to convict.

    Again, why make it easy? Instead of arresting and then collecting evidence, why not try something radical...collecting evidence and THEN arresting? It's more fair that way...go figure.
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