When Sebastien Boucher stopped at the U.S.-Canadian border, agents who inspected his laptop said they found files containing child pornography.
But when they tried to examine the images after his arrest, authorities were stymied by a password-protected encryption program.
Now Boucher is caught in a cyber-age quandary: The government wants him to give up the password, but doing so could violate his Fifth Amendment right against self-incrimination by revealing the contents of the files.
Experts say the case could have broad computer privacy implications for people who cross borders with computers, PDAs and other devices that are subject to inspection.
"It's a very, very interesting and novel question, and the courts have never really dealt with it," said Lee Tien, an attorney with the Electronic Frontier Foundation, a San Francisco-based group focused on civil liberties in the digital world.
For now, the law's on Boucher's side: A federal magistrate here has ruled that forcing Boucher to surrender the password would be unconstitutional.
The case began Dec. 17, 2006, when Boucher and his father were stopped at a Derby Line, Vt., checkpoint as they entered the U.S.
Boucher, a 30-year-old drywall installer in Derry, N.H., waived his Miranda rights and cooperated with agents, telling them he downloads pornography from news groups and sometimes unknowingly acquires images that contain child pornography.
Boucher said he deletes those images when he realizes it, according to an affidavit filed by Immigration and Customs Enforcement.
At the border, he helped an agent access the computer for an initial inspection, which revealed files with names such as "Two year old being raped during diaper change" and "pre teen bondage," according to the affidavit.
Boucher, a Canadian with U.S. residency, was accused of transporting child pornography in interstate or foreign commerce, which carries up to 20 years in prison. He is free on his own recognizance.
http://news.smh.com.au/encrypted-laptop-poses-legal-dilemma/20080208-1qxw.html
Last update : 13-03-2008 20:32
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