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Daily Archives: July 9, 2011

EFF: Prosecutors Demand Laptop Password in Violation of Fifth Amendment

“The Electronic Frontier Foundation (EFF) urged a federal court in Colorado today to block the government’s attempt to force a woman to enter a password into an encrypted laptop, arguing in an amicus brief that it would violate her Fifth Amendment privilege against self-incrimination. A defendant in this case, Ramona Fricosu, is accused of fraudulent real estate transactions. During the investigation, the government seized an encrypted laptop from the home she shares with her family, and then asked the court to compel Fricosu to type the password into the computer or turn over a decrypted version of her data. But EFF told the court today that the demand is contrary to the Constitution, forcing Fricosu to become a witness against herself. “Decrypting the data on the laptop can be, in and of itself, a testimonial act — revealing control over a computer and the files on it,” said EFF Senior Staff Attorney Marcia Hofmann. “Ordering the defendant to enter an encryption password puts her in the situation the Fifth Amendment was designed to prevent: having to choose between incriminating herself, lying under oath, or risking contempt of court.”

Reconstituting the Submerged State: The Challenges of Social Policy Reform in the Obama Era

Reconstituting the Submerged State: The Challenges of Social Policy Reform in the Obama Era, Suzanne Mettler. Perspectives on Politics, September 2010 | Vol. 8/No. 3 “President Barack Obama came into office with a social welfare policy agenda that aimed to reconstitute what can be understood as the “submerged state”: a conglomeration of existing federal policies… Continue Reading