<html>
<head>
<meta content="text/html; charset=ISO-8859-1"
http-equiv="Content-Type">
</head>
<body bgcolor="#FFFFFF" text="#000000">
<div class="moz-cite-prefix">On 21/06/2012 09:32, Mike Cardwell
wrote:<br>
</div>
<blockquote cite="mid:4FE2DC0C.4070309@lists.grepular.com"
type="cite">
<pre wrap="">-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA512
On 21/06/12 06:51, Paul Tew wrote:
</pre>
<blockquote type="cite">
<pre wrap="">Indeed, I know of two cases where the CPS didn't accept the 'I
forgot it' defence and successfully prosecuted the people
concerned. One got 6 months jail sentence and the other got 2
years. The cases are Nottinghamshire cases and subject to public
record.
</pre>
</blockquote>
<pre wrap="">
I'm not familiar with these cases, but maybe they made the correct
choice by not revealing their passwords and taking the small jail
sentence. Perhaps they would have been in a lot more trouble if they'd
given up access? This is what encryption gives you, choice. If you
don't encrypt, you don't get to choose.
</pre>
</blockquote>
<br>
There's that counter-argument, the one they'd usually pull as a
thought-ending cliché is kiddy porn. I say "classified material" and
end the conversation there.<br>
<br>
This is part of a story from February (with a link to the original
Wired article if it carries in the send):<br>
<br>
"This question may come in a Colorado<span
class="Apple-converted-space"> </span><a
href="http://www.wired.com/threatlevel/2012/02/forgotten-password/"
target="_blank" style="text-decoration: none; color: rgb(210, 35,
42); ">case</a><span class="Apple-converted-space"> </span>where
Romona Fricosu is being investigated for alleged mortgage fraud.
Ruling the her Fifth Amendment right against self-incrimination
would not be breached, U.S. District Judge Robert Blackburn ordered
her to decrypt the laptop.<br>
"The defendant has not yet said that she has forgotten her password,
but her attorney has talked about how easy it is to forget
passwords, perhaps running that defense up the flagpole. She has
until the end of the month to decrypt the laptop - if she doesn't
and says that she can't remember the password, the judge is between
a rock and hard place and must try to determine (though I can't see
how unless there is evidence of which I'm not aware) whether she has
genuinely forgotten or is refusing to comply with the court order."<br>
<br>
The lady in question was indeed, ordered to decrypt the laptop
again, whereupon she stated that she had forgotten the password, and
produced a psychologists' report stating that she had amnesia due
stress. The judge didn't buy that, and jailed her for contempt. The
court still does not have possession of the password. She is
appealing on the basis that the Judge was wrong in his assertion
over her 5th Amendment rights.<br>
<br>
On the near topic, I've had a look over BAILII and not been able to
locate any cases of people being jailed for contempt or anything
else connected with forgetting passwords. If it's a matter of public
record then it'll be on there, which it isn't.<br>
</body>
</html>