United States v. Fricosu, 841 F.Supp.2d 1232 (D. Col 2012), is a federal criminal case in Colorado that addressed whether a person can be compelled to reveal his or her encryption passphrase or password, despite the U.S. Constitution's Fifth Amendment protection against self-incrimination.[1] On January 23, 2012, judge Robert E. Blackburn held that under the All Writs Act, Fricosu is required to produce an unencrypted hard drive.[2]
Fricosu's attorney claimed it was possible she did not remember the password. A month later, Fricosu's ex-husband handed the police a list of potential passwords.[3] One of the passwords worked, rendering the self-incrimination issue moot.
The Electronic Frontier Foundation filed an amicus brief in support of Fricosu.[4][5]
Fricosu subsequently entered a plea agreement in 2013, meaning that the question of a defendant's right to resist mandatory decryption will not be addressed by a higher court until such time as a future case addressing the same issue arises.[6]
See also
References
- ^ Ingold, John (January 4, 2012). "Password case reframes Fifth Amendment rights in context of digital world". Denver Post.
- ^ "Decrypt" (PDF). wired.com. Wired. Retrieved April 7, 2023.
- ^ Ingold, John. "Feds unlock suspect's computer without her help". Wired.
- ^ "EFF's Amicus Brief in Support of Fricosu". July 8, 2011. Retrieved September 25, 2016.
- ^ Jennings, Richi. "EFF fights forced file decryption with Fifth, for Fricosu". Retrieved September 25, 2016.
- ^ "US v. FRICOSU, Dist. Court, D. Colorado 2013 - Google Scholar".
Further reading
- McGregor, Nathan K. (2010). "The Weak Protection of Strong Encryption: Passwords, Privacy, and Fifth Amendment Privilege" (PDF). Vanderbilt Journal of Entertainment and Technology Law. 12 (3): 581–609.