Dealing with Data Encryption in Criminal Cases

Over the last several years, I’ve posted a handful of short blog entries about the topic of compelling a criminal defendant to surrender a passphrase to an encrypted volume or hard-drive. These entries concern the three cases of re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, United States v. Fricosu, (D.Colo, 2012), and In re Grand Jury Subpoena (Boucher), 2009 U.S. Dist. Lexis 13006 (D. Vt., 2009). I have developed the opinion —admittedly, more on hunch than scholarly research— that a defendant should not be able to knowingly withhold a passphrase or password to an evidence trove any more than he should be permitted to hang on to a physical key that could be used to open a safe that the Government has a valid warrant to search, and which is believed to contain evidence. Unfortunately, I have found myself on the wrong side of this issue…

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Forensic Focus 12th January 2023 3:00 am

Just like your current holiday shopping for last minute presents a lot of the good stuff has gone off the shelves already. You reach to the back and find the toy nobody really wanted but it’s the thought that counts, you stare down at Si and Desi’s Holiday Special 2022 podcast. 

Please join these two as they lament over the year that was, discuss all the things they didn’t do but promise they will do them next year, query whether putting a NAS in the storage of a roller door is a good idea, and finally arrive at what they’re looking forward to bringing you in the new year.

Show Notes:

Arduino PLC IDE - https://docs.arduino.cc/software/plc-ide
Mycroft Mark II (open source Alexa) - https://www.kickstarter.com/projects/aiforeveryone/mycroft-mark-ii-the-open-voice-assistant
Christa’s new blog - https://christammiller.com/
Si’s holiday reading - https://amzn.to/3iJyGrR
Desi’s holiday reading -  https://inteltechniques.com/
Strange event for the end of the year - https://www.reuters.com/world/europe/25-suspected-members-german-far-right-group-arrested-raids-prosecutors-office-2022-12-07/
Si’s wishful thinking - https://www.youtube.com/watch?v=GXnRgXclLd0
Si’s list to do before the EOY - https://intrepidcamera.co.uk/products/intrepid-4x5-camera
Desi’s list to do before EOY - https://www.wired.com/story/how-to-reset-your-phone-before-you-sell-it/
“Cleaning your office” - https://www.manfrotto.com/uk-en/vintage-collapsible-1-5-x-2-1m-ink-sage-ll-lb5720/
Conference recorder - https://amzn.to/3UBmre5
Desi’s blog - https://www.hardlyadequate.com/

Just like your current holiday shopping for last minute presents a lot of the good stuff has gone off the shelves already. You reach to the back and find the toy nobody really wanted but it’s the thought that counts, you stare down at Si and Desi’s Holiday Special 2022 podcast.

Please join these two as they lament over the year that was, discuss all the things they didn’t do but promise they will do them next year, query whether putting a NAS in the storage of a roller door is a good idea, and finally arrive at what they’re looking forward to bringing you in the new year.

Show Notes:

Arduino PLC IDE - https://docs.arduino.cc/software/plc-ide
Mycroft Mark II (open source Alexa) - https://www.kickstarter.com/projects/aiforeveryone/mycroft-mark-ii-the-open-voice-assistant
Christa’s new blog - https://christammiller.com/
Si’s holiday reading - https://amzn.to/3iJyGrR
Desi’s holiday reading - https://inteltechniques.com/
Strange event for the end of the year - https://www.reuters.com/world/europe/25-suspected-members-german-far-right-group-arrested-raids-prosecutors-office-2022-12-07/
Si’s wishful thinking - https://www.youtube.com/watch?v=GXnRgXclLd0
Si’s list to do before the EOY - https://intrepidcamera.co.uk/products/intrepid-4x5-camera
Desi’s list to do before EOY - https://www.wired.com/story/how-to-reset-your-phone-before-you-sell-it/
“Cleaning your office” - https://www.manfrotto.com/uk-en/vintage-collapsible-1-5-x-2-1m-ink-sage-ll-lb5720/
Conference recorder - https://amzn.to/3UBmre5
Desi’s blog - https://www.hardlyadequate.com/

YouTube Video UCQajlJPesqmyWJDN52AZI4Q_BhrBg5_sAKo

Si and Desi Holiday Special 2022

Forensic Focus 16th December 2022 12:00 am

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