Subscribe / Unsubscribe Enewsletters | Login | Register

Pencil Banner

Decryption disclosure doesn't violate Fifth Amendment, judge rules in child porn case

Jaikumar Vijayan | May 31, 2013
Subject of investigation had claimed forced disclosure of encrypted content violated self-incrimination protections

In his ruling denying the motion, the judge noted that while the government had succeeded on the first count, it had failed to show conclusively that Feldman really had access to the devices.

A few weeks later, Callahan agreed to review the ruling again at the government's request.

This time around, prosecutors provided evidence showing they had managed to decrypt a small portion of the encrypted devices. The partially decrypted devices revealed many files that appeared to contain incriminating images. Also revealed were several files containing detailed financial records and images of Feldman.

The government contended, and the judge agreed, that the contents show Feldman had access and control over the devices in question. "The encrypted storage devices were found in Feldman's residence, where he admittedly lived alone for the past 15 years," the judge wrote in his ruling.

"Significantly, the recently decrypted portion of the storage system contains personal financial documents and images clearly belonging to Feldman," the judge noted. Thus, Fifth Amendment protections are no longer available to Feldman, with respect to the devices in question.

Feldman has until June 4 to comply with the judge's order.

 

Previous Page  1  2 

Sign up for CIO Asia eNewsletters.