Legal Technology Dilemma: Suspect in Fraud Case Has to Give Unencrypted Hard Drive of Her Laptop to Federal Agents

By

A Colorado fraud case has got many criminal defense attorneys really worked up over the prospect of a suspect being forced to turn over the hard drive of her laptop to federal agents. On Tuesday, a federal appeals court chose not to intercede clearing the way for a lower court’s order that Ramona Fricosu turn over an unencrypted version of the hard drive, according to news reports.

The case has led to questions whether protection against self-incrimination prevents someone from being forced to “unlock a computer's protected files,” reports The Associated Press.

The order from U.S. District Judge Robert E. Blackburn is a "very dangerous precedent that a person may be forced to assist in her prosecution in a way the law has not seen ever before," Phillip DuBois, the suspect’s attorney, told The AP.

Fricosu has to turn the hard drive of the laptop to authorities by Monday. The laptop was already seized by federal agents. During a meeting, Fricosu will enter a password for the laptop and hand it over to the agents so they can copy the hard drive, says The AP. Another once-mentioned option was for her to give her password to the agents.

The case has raised concerns by the Electronic Freedom Foundation. The EFF said in a statement that forcing the woman “to enter a password into an encrypted laptop … would violate her Fifth Amendment privilege against self-incrimination.”

“The government offered Fricosu some limited immunity, but did not give adequate guarantees that it won't use the information on the computer against her,” EFF claims.

DuBois said his client may not know the password. She is from Romania and is not familiar with computer technology, her attorney charged. "The government has no idea what's on that computer," DuBois added in an article carried on TechZone360.

Fricosu and her husband, Scott Whatcott, allegedly filed fraudulent documents to get title to Colorado homes and then sold the residences without ever paying outstanding mortgages as promised, according to allegations reported by The AP.




Edited by Rich Steeves
Get stories like this delivered straight to your inbox. [Free eNews Subscription]

TechZone360 Contributor

SHARE THIS ARTICLE
Related Articles

ChatGPT Isn't Really AI: Here's Why

By: Contributing Writer    4/17/2024

ChatGPT is the biggest talking point in the world of AI, but is it actually artificial intelligence? Click here to find out the truth behind ChatGPT.

Read More

Revolutionizing Home Energy Management: The Partnership of Hub Controls and Four Square/TRE

By: Reece Loftus    4/16/2024

Through a recently announced partnership with manufacturer Four Square/TRE, Hub Controls is set to redefine the landscape of home energy management in…

Read More

4 Benefits of Time Tracking Software for Small Businesses

By: Contributing Writer    4/16/2024

Time tracking is invaluable for every business's success. It ensures teams and time are well managed. While you can do manual time tracking, it's time…

Read More

How the Terraform Registry Helps DevOps Teams Increase Efficiency

By: Contributing Writer    4/16/2024

A key component to HashiCorp's Terraform infrastructure-as-code (IaC) ecosystem, the Terraform Registry made it to the news in late 2023 when changes …

Read More

Nightmares, No More: New CanineAlert Device for Service Dogs Helps Reduce PTSD for Owners, Particularly Veterans

By: Alex Passett    4/11/2024

Canine Companions, a nonprofit organization that transforms the lives of veterans (and others) suffering PTSD with vigilant service dogs, has debuted …

Read More