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Your Laptop is Not Your Mind, Says Judge

A court ruling on the Fifth Amendment right raises concerns over decrypting files on laptops for legal cases. Explore the implications.

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If you think of your personal computer as almost an extension of yourself, a recent federal court ruling in Colorado sounds a little disturbing. The court has ordered that a woman decrypt files on her laptop so they can be used by prosecutors against her. The woman, who is being tried for mortgage fraud, argued that this is a violation of her Fifth Amendment right to keep from testifying against herself, but the court sees the matter differently. Timothy Lee at Ars Technica's explanation of the problem gets to the heart of it:

In previous cases, judges have drawn a distinction between forcing a defendant to reveal her password and forcing her to decrypt encrypted data without disclosing the password. The courts have held that the former forces the defendant to reveal the contents of her mind, which raises Fifth Amendment issues. But Judge Robert Blackburn has now ruled that ...

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