Top all-time · #8278
CYB3RCRIM3
Personal blog · cyb3rcrim3.blogspot.comsecuritypolitics
CYB3RCRIM3 is a personal blog at cyb3rcrim3.blogspot.com about security and politics. Since 2010, 10 different Hacker News readers have linked it 20 times. The last post was in 2017, but the archive is still widely read.
Too few sampled comments (12) to say how often HN recommends it.?
Why HN links it
HN readers link this blog by law professor Susan Brenner for its analysis of court cases on computers, digital devices and compelled password disclosure. Commenters cite its posts as sources on that law.
Summarised by Claude from a sample of 12 HN comments that link here. Each comment is marked recommending, critical or neutral (citing without judging); how this works.
Observations on technology, law and lawlessness.
Most-linked posts?
- /2010/04/passwords-and-5th-amendment-privilege.html2 people · 3 mentions · first linked 2010-10-06
- /2009/03/5th-amendment-bummer.html2 people · 3 mentions · first linked 2010-10-27
What Hacker News says?
There are a few federal cases that say otherwise. In US v. Kirschner[1], it was ruled that forcing the defendant to reveal his password through a grand jury subpoena was a violation of his 5th Amendment rights. The prosecution used a loophole for In re Boucher[2]: though the defendant still had a 5th Amendment right to not reveal his password, he was required to decrypt his hard drive in order to produce files under…
Comment linking /2009/03/5th-amendment-bummer.html
on “The Horror of a 'Secure Golden Key'”Submitted Cell Tower Dumps as a story · 1 points
HN discussionThere are a few federal cases that say otherwise. In US v. Kirschner[1], it was ruled that forcing the defendant to reveal his password through a grand jury subpoena was a violation of his 5th Amendment rights. The prosecution used a loophole for In re Boucher[2]: though the defendant still had a 5th Amendment right to not reveal his password, he was required to decrypt his hard drive in order to produce files under…
Comment linking /2009/03/5th-amendment-bummer.html
on “FBI: Companies should help us ‘prevent encryption above all else’”Submitted The Hotel Room, the Laptop and the 4th Amendment as a story · 1 points
HN discussionThis practice should be banned on the premise that any digital data that could enter the country physically on that device could just as easily cross the border and enter on any internet connection. Searching the device does nothing to prevent anything from entering the country, which is the primary role of the CBP agents - to control the flow of people and physical items. Not data. If the CBP then claims that it's…
Comment linking /2016/04/the-laptop-child-pornography-and-border.html
on “What could happen if you refuse to unlock your phone at the US border?”You may be right. There's a good chance that the AMA is fake. Meanwhile, here's a much more reputable source (pointed out elsewhere in these comments) that indicates that this issue is not yet resolved and is currently being tested. http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer.... http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-ame...
Comment linking /2010/04/passwords-and-5th-amendment-privilege.html
on “Man jailed over computer password refusal”Thank you. Apparently, this situation is not yet resolved, but is currently being tested. http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer.... http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-ame...
Comment linking /2010/04/passwords-and-5th-amendment-privilege.html
on “Man jailed over computer password refusal”For those seriously interested in this area of law, I highly recommend http://cyb3rcrim3.blogspot.com , as it's a really good source of info on the topic . Susan Brenner is a law prof, and her analysis of current cases is a constant treasure trove of interesting nuggets of insight into the law as it pertains to computers, electronic devices, and digital media. It's broken down enough for the layman to grasp, yet hea…
Comment linking /
on “Man jailed over computer password refusal”Unlikely and no way. A jury is supposed to rely only on the evidence presented at trial and ruled admissible, no matter how obvious or compelling other evidence might seem. The only exceptions are for fundamental matters of common sense, like the fact that the sun does not shine brightly at night or that gravity usually causes things to fall down rather up or sideways. Any kind of external research by a juror is rig…
Comment linking /2010/03/jurors-experimentation-and-misconduct.html
on “Competing Hypotheses - Made for the CIA. Now free to the public.”> What he did was idiotic but still shouldn't have been criminal. The idiot kids who sneak into a factory to see what there is to see are criminals. Should they be felons? No, but under the CFAA, simply breaching a digital boundary is a misdemeanor. It's only when it is in the furtherance of another criminal act that it is potentially punishable as a felony.[1] In this case, that last bit is predicated on a NJ statu…
Comment linking /2012/11/unauthorized-access-identity-theft-and_5961.html
on “Andrew Auernheimer case uncomfortably similar to Aaron Swartz case”[0] He heard about this in 2005 (when the government was run by a different administration) but couldn't find anything. Eventually he filed a FOIA request. Silence, until spring of last year, when he was told there was some some information but it was redacted. So he filed an appeal, and it was granted. I suspect the lack of DoJ comment is because they're still trying to find out whether it was a fully formed progra…
Comment linking /2007/09/fourth-amendment-privacy-ip-addresses.html
on “Feds Warrantlessly Tracking Americans’ Credit Cards in Real Time”I'm curious if Google has a voluntary reporting system, such as the one outlined here: http://cyb3rcrim3.blogspot.com/2010/06/state-action-and-4th-... . AOL apparently uses the semi-secret child porn hash database to proactively scan content traversing its systems and reports to the authorities when they get a hit. I'm sure other large providers do this, and it wouldn't surprise me if Google was one of them.
Comment linking /2010/06/state-action-and-4th-amendment.html
on “Under court order, Google reveals users' search history 9,000 times a year”What you have said isn't true or accurate. On December 17, 2006, defendant Sebastien Boucher was arrested on a complaint charging him with transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1). At the time of his arrest government agents seized from him a laptop computer containing child pornography. The government has now determined that the relevant files are encrypted, password-protected, an…
Comment linking /2009/03/5th-amendment-bummer.html
on “Teenager jailed for refusing to hand over computer password”Has there been a case where the Fifth Amendment protected someone from disclosing a password? I'm not sure that giving up your password is analogous to being forced to testify against yourself. Edit: Indeed there has been a case, and so far the Fifth Amendment is holding strong: http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-ame...
Comment linking /2010/04/passwords-and-5th-amendment-privilege.html
on “Teenager jailed for refusing to hand over computer password”
