Your Password Or Your Life

I need to discuss with the reader the concept of bleed-over. In the War on Drugs, this is a concept where lousy constitutional law from the drug war moves into other law enforcement areas and vice versa. In this case, I read a story about child pornography and some terrible law that the U.S. Attorney's Office is seeking to put in place that, frankly, scares the hell out of me.

The summary is this: the government is prosecuting a man in Vermont it suspects of having child pornography on his computer. However, he has a directory on his computer that is labeled Z which is encrypted with PGP technology. There are no back doors into it - only a password will open it. Government investigators ordered the suspect to open it. He has refused to give them the password. A federal judge has already ruled that ordering the man to open the drive could potentially lead to self-incrimination, and the judge will not compel him to open it. The government has appealed...guess why? Once again, the terrorist boogeyman raises his head. Terrorists could use PGP to conceal their plans, and thus national security concerns should trump the individual's constitutional rights.

And just how long do you think it will be before a DEA agent tries to compel a drug dealer to open the hard drive on his computer to obtain evidence? Sorry to say, but I am siding with the pervert on this one. And I do not care how many barbs are thrown at me for this.

That amazing document, the Bill of Rights, was designed to stand the test of time. And every person - I do not care who you name - has a fundamental right not to be a witness against himself in a criminal proceeding under those same rights. I do not care what you say - if you cannot see that the government will only get the Z drive info by having this pervert in Vermont enter his secret password, and if you cannot see that this will create a situation where this person is being a witness against himself - I cannot help you.

The one key point that everyone forgets in this modern, fast-paced age is that if the constitutional rights are impinging law enforcement in its efforts to fight terrorists, perverts, etc., etc., there is a way to get more favorable rules for cops. It's called amending the Constitution. Simply get it amended and change the rules on self-incrimination.

Aha! you might say, Changing the Constitution is incredibly hard and takes a long time. And I would agree with you...but you know what? THAT IS THE DAMN WAY IT WAS DESIGNED TO BE! DEAL WITH IT! It is not impossible, just difficult. If everyday Joe Blow has to follow the laws, government prosecutors should, too.

I hope the U.S. Attorney's Office in Vermont drops this tactic to get the goods on the guy. This stinks. Prosecutors not only have a duty to get convictions, but they have a higher duty to do substantial justice. Stepping all over a defendant's self-incrimination rights is not doing the people's business.


Report here






Australia: Less than a year in jail for this trash?

AN unlicensed motorist broke a police officer's arm after leading him on a high speed chase through Brisbane, a court has been told. Sean William Burdon, 28, was today sentenced to three years jail and disqualified from driving for four years after the dangerous incident on August 7, 2006.

The Brisbane District Court was told the chase began when Burdon stole a car from outside a home at Bribie Island, north of Brisbane, about 2.30am (AEST). After almost running down the car's owner, Burdon led police on a 35km journey from Bribie Island to the inner-city suburb of Fortitude Valley. The court was told he reached speeds of 140km/h during the chase, ran numerous red lights and repeatedly swerved onto the wrong side of the road, narrowly avoiding hitting a police car.

He was briefly slowed but didn't stop when police scored a hit with road spikes. The spikes blew out at least two tyres, sending sparks flying as Burdon struggled to retain control of the car.

The court was told his journey ended when he ploughed into gates at the Brisbane RNA showgrounds. Police attempted to wrestle Burdon from the car when he came to a stop, with one officer sustaining a broken arm during the violent struggle. Burdon today tendered a letter to the court apologising for his behaviour, saying he had "rediscovered" himself since the offence. He pleaded guilty to five offences including dangerous operation of a motor vehicle with a circumstance of aggravation and assault or obstructing a police officer.

Judge Hugh Botting reactivated a previous suspended sentence for property offences and also sentenced him to three years jail for these latest offences. He will be eligible for parole in November.

Report here. (Via Australian Politics)




(And don't forget your ration of Wicked Thoughts for today)