Child porn suspect jailed indefinitely for refusing to decrypt hard drives

Discussion in 'News' started by Iris, Apr 28, 2016.

  1. Iris

    Iris Superhero Member Admin

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    A Philadelphia man suspected of possessing child pornography has been in jail for seven months and counting after being found in contempt of a court order demanding that he decrypt two password-protected hard drives.


    The suspect, a former Philadelphia Police Department sergeant, has not been charged with any child porn crimes. Instead, he remains indefinitely imprisoned in Philadelphia's Federal Detention Center for refusing to unlock two drives encrypted with Apple's FileVault software in a case that once again highlights the extent to which the authorities are going to crack encrypted devices. The man is to remain jailed "until such time that he fully complies" with the decryption order.

    [​IMG]


    The suspect's attorney, Federal Public Defender Keith Donoghue, urged a federal appeals court on Tuesday to release his client immediately, pending the outcome of appeals. "Not only is he presently being held without charges, but he has never in his life been charged with a crime," Donoghue wrote (PDF) in his brief to the 3rd US Circuit Court of Appeals.


    The government successfully cited a 1789 law known as the All Writs Act to compel (PDF) the suspect to decrypt two hard drives it believes contain child pornography. The All Writs Act was the same law the Justice Department asserted in its legal battle with Apple, in which a magistrate ordered the gadget maker to write code to assist the authorities in unlocking the iPhone used by one of two shooters who killed 14 people at a San Bernardino County government building in December. The authorities dropped that case after they paid a reported $1 million for a hack.

    [​IMG]


    Donoghue wrote that his client's "first claim is that the district court lacked subject matter jurisdiction. The claim stems from the government├óÔé¼Ôäós apparently unprecedented use of an unusual procedural vehicle to attempt to compel a suspect to give evidence in advance of potential criminal charges. Specifically, the government took resort not to a grand jury, but to a magistrate judge pursuant to the All Writs Act, 28 U.S.C. ├é┬º 1651."


    The defense also claims that "compelling the target of a criminal investigation to recall and divulge an encryption passcode transgresses the Fifth Amendment privilege against self-incrimination."


    The Supreme Court has never addressed the compelled decryption issue. But Donoghue says the court came close in 2000 when it said a suspect cannot be forced "to disclose the sequence of numbers that will open a combination lock." A federal appeals court ruled in 2012, however, that a bank-fraud defendant must decrypt her laptop, but the ruling wasn't enforced as the authorities obtained the password elsewhere.


    The Electronic Frontier Foundation has weighed in on the suspect's plight, telling the circuit court in a friend-of-the-court brief (PDF) that "compelled decryption is inherently testimonial because it compels a suspect to use the contents of their mind to translate unintelligible evidence into a form that can be used against them. The Fifth Amendment provides an absolute privilege against such self-incriminating compelled decryption."


    The authorities have called two witnesses. One was the suspect's sister who claimed she looked at child pornography with her brother at his house. The other was a forensic examiner who testified that it was his "best guess" that child pornography was on the drives," Donoghue wrote. The investigation began in 2015 when Pennsylvania prosecutors were monitoring the online network Freenet and executed a search warrant of the man's home.


    Donoghue wrote that investigators had decrypted a Mac Pro using a recovery key discovered on the iPhone 5S the authorities seized from his client's residence. He said no child pornography was found. The authorities want the suspect to decrypt two external drives discovered in the search.


    Source: Arstechnica
     
  2. Iris

    Iris Superhero Member Admin

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    I knew that fabricating and distributing child porn is of course illegal and of course punished by law, but had no idea that watching child porn is also punished by law. (or is it not? i'm confused)
    Also, i think if he didn't have anything to hide he'd just gave the password. And i'm guessing he's somehow involved in the films he probably has... otherwise why stay behind bar for 7 months when probably the whole thing would cost him 2 y in prison max. if he only had some videos on his hd.

    :|
     
  3. Iris

    Iris Superhero Member Admin

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    Eitherway, gross
     
  4. Rocklin

    Rocklin T&G Senior Registered Member

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    According to Murrca, naked pictures of 6 year olds and 16 year olds are both "child porn". According to my flawless logic, a 16 year old isn't exactly a "child" but ok.
     
  5. Iris

    Iris Superhero Member Admin

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    [MENTION=9]Rocklin[/MENTION], are you implying that it's okay for a 16 yo to be in a porn video or even show up naked in some porn magazines? for some sick fuck to masturbate to because hey! innocence it's turning them on.
    Do we need MORE diversity in the porn categories? don't we have enough to satisfy the imagination of every sick perv. out there?

    some girls/ boys just hit puberty with 16- your mind it's going trough some crazy shit as well as your body aka. it's not really the best moment for making decisions that can have a huge impact on your entire life like sucking dick infront of a camera or be the "star" of your own porn movie. That's why we should not take advantage of this and just you know, get them naked, get them to fuck and then just put this videos out there. And i can say it loud and clear... porn with 16 years old KIDS it should, yes, be called Child pornography.
     
  6. Iris

    Iris Superhero Member Admin

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    one it's to have sex with your bf at 13 or whatever and a totally different thing it's the porn industry
     
  7. Rocklin

    Rocklin T&G Senior Registered Member

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    Not really, I'm just saying 16 year olds aren't "children", like 6 year olds are. You can drive when you're 16 and work. Those are two things that children don't do. Just because you're underage doesn't make you a child. You're just underage.

    Do you consider it's pedophilia to look at naked 16 year olds? In that case you're wrong since that has nothing to do with pedophilia even if it's illegal. It's more like hebephilia or ephebephilia. It may be against the law but it does fall under another definition. To me there's a huge difference between being attracted to pre-pubescent children (pedophilia) and adolescents in their mid-teens. Hebephilia refers to attraction to adolescents in the middle of puberty and ephebephilia is attraction to adolescents in their late puberty. You're referring to underage porn, not "child porn".

    Is topless modelling "porn" too? Thora Birch had a topless scene in American Beauty and she was 16.
     
  8. Rocklin

    Rocklin T&G Senior Registered Member

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    If child labor is illegal, then why do kids aged 14+ work? I think that's the earliest age to work in the US.
     
  9. Iris

    Iris Superhero Member Admin

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    in my opinion, and i stand by it, no matter what or how you call it ...making of/ distribution of/ watching 16yo in porn movies/ videos is wrong and gross, it's disturbing and sick just to think about it.
    once again, one it's having sex with your bf at 13 or 16 or whatever and a complete different story it's watching 16 yo having sex with 35yo males.
    this subject it's really annoying me, one more proof that the world it's fucked up and there are no ethical boundaries left.
    Maybe somehow everyone would see this differently if that 16 yo would be your sister or your kid.

    [MENTION=217]Sheolite[/MENTION], what's your take on this?
     
  10. beer

    beer T&G Elite Moderator

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    [video=youtube;Qf2s6rprJ_g]https://www.youtube.com/watch?v=Qf2s6rprJ_g[/video]
     
  11. Sheolite

    Sheolite T&G Addict Registered Member

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    My take is people like this should get the death penalty. Crap like this is sick, twisted, disturbing and a different form of darkness.
     
  12. Iris

    Iris Superhero Member Admin

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    How about the 16yo me and Rocklin was talking about?
     
  13. Sheolite

    Sheolite T&G Addict Registered Member

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    Yeah, comparing the 16 year old thing with driving is insane, by that logic then the drinking age limit should be reduced to 16. Might as well be legal while you run the risk of involuntary manslaughter. There are few things I like about America but I like how they implement legal ages incrementally. As far as porn, etc goes 16 is still a child to me and it's a twisted form of exploitation whereas driving isn't.
     
  14. Rocklin

    Rocklin T&G Senior Registered Member

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    Doing porn at 16 is as inmature at getting married at 18.
     
  15. Rocklin

    Rocklin T&G Senior Registered Member

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    "Toy Story" is a children's movie right? "Saw" has an age limit between 14-18 depending on the country. I saw "The passion of the Christ" when I was 16, at the movie theater. So is that movie a children's movie? You know that movie with those drawn out scenes of beating the shit out of Jesus? Does that make it a children's movie? So should we rule both movies as "children's movies"? Should a 2 year old watch "Saw" or "The passion of the Christ"? Apparently yes, according to you. Or do you want to elaborate?


    Children become adolescents before they are legal.
     
  16. Rocklin

    Rocklin T&G Senior Registered Member

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    If 16 year olds are children why is child labor illegal? 16 year olds do work. Also in Denmark the drinking age is 16.

    If 16 year olds are children then why are they driving? Children have no business behind the wheel.
     
  17. Rocklin

    Rocklin T&G Senior Registered Member

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    And before anyone gets triggered, no, I don't watch underage porn.
     
  18. Rocklin

    Rocklin T&G Senior Registered Member

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    Also, what's your take on Thora Birch's topless scene in American Beauty? She was 16 at the time, remember? Is that "porn"?
     
  19. Sheolite

    Sheolite T&G Addict Registered Member

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    When did I ever say anything about children watching Saw 2? As far as that stuff goes that is up to the parent. Child porn becomes an issue on a whole different level where authorities are involved. My point was that in having different legal ages is helping them become functional in society, child pornography has nothing to do with what I'm saying or trying to compare. As a parent I decide what my kid watches or doesn't. It's called parenting. Anything dealing with sexual matters is not just a matter of consent where a certain age is involved. Allowing a child to watch TV isn't exploiting them. My goodness this is becoming ridiculous. If that kinda stuff is ok with you than so be it and I will stand by my convictions.
     
  20. Sheolite

    Sheolite T&G Addict Registered Member

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    Child labor and child pornography are both wrong and should be dealt with but as I said before things done incrementally helps a person learn to function in society without having everything thrown at them all at once. It's a simple crawl before walk principle and child pornography will never be anything that is ok. Period. What do you want? For a 16 year old to wear a training bra and training wheels if they decide to do porn? Or just do voice overs for a cartoon version until they are of Saw 2 age?
     

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