EFF in the News
It’s a conflict that’s been raging for some time in various forms and jurisdictions, but with support from on high, the EFF as co-pilot, and the 5th amendment in play, this case could go all the way to the top. Repercussions would be fairly fundamental to the way computer security works.
A lawyer for the defendant, Ramona Fricosu, the Electronic Frontier Foundation (EFF) and civil rights groups said forcing someone to give up a password, or type it in, violates the Fifth Amendment rule against self incrimination because it forces the defendant to help gather information that might help the prosecution.
Fricosu stands accused of taking part in fraudulent real-estate transactions according to an EFF press release.
Chris Palmer of the Electronic Frontier Foundation said those exposed by the leak “should probably be changing their passwords urgently.”
The EFF goes on to complain that the "education" material users will be directed to by the "Center for Copyright Information" is unsurprisingly a rather one-sided exploration of copyright issues.
Staff Attorney Hanni Fakhoury of the Electronic Frontier Foundation, which is urging a federal court in Colorado to block the government’s attempt to force a woman to enter a password into an encrypted laptop — it has argued in an amicus brief that it would violate her Fifth Amendment privilege against self-incrimination.
EFF Senior Staff Attorney Marcia Hofmann said, "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.
The Electronic Frontier Foundation (EFF) urged a federal court in Colorado 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.
The EFF is pointing out a questionable bit of the agreement, which suggests the entertainment industry may be knowingly backdooring disconnections into the agreement by misinterpreting a section of the DMCA (which they also helped write):
The fact that you'd have to go into court and talk about your porn-viewing habits (or lack thereof) just adds a layer of delicious embarrassment to the whole deal. Corynne McSherry of the EFF gets a quote in the story, but it's up to another lawyer to call a spade a spade.