[Nottingham] gpgpwd - keeping a commandline passwords list

[James Moore]

On 21/06/2012 09:32, Mike Cardwell wrote:
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> On 21/06/12 06:51, Paul Tew wrote:
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>> 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.
> 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.
>
>

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.

This is part of a story from February (with a link to the original Wired 
article if it carries in the send):

"This question may come in a Coloradocase 
<http://www.wired.com/threatlevel/2012/02/forgotten-password/>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.
"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."

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.

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.
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