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Judge Napolitano: Should Cell Data Be Protected By the Fourth Amendment?

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5th amendment

Is it not already under the 5th amendment?

The 9th circuit court a while back was attempting to force an alleged child pornographer (disgusting that I even had to say that) to give out his password for a computer that was his. His lawyer instructed him to plea that it is self incriminating to do so and he wasn't going to do it. The court was then required to give the computer to an expert which then in turn said he had used some strong encryption efforts on both is password and on the data on the hard drive (TruCrypt, best open source encryption out there) could not be cracked within a 'reasonable amount of time'.

They put the case on suspension and the guy is on probation until they can crack it, but the thing I remember the most about the whole thing was the judge asked "How long is a reasonable amount of time?" the cryptographer expert said "Billions of years".

My point is, if you use a lock code or password on your phone, can't you simply tell them 'no' under the 5th amendment? and most of the smart phones have an automatic wipe after so many retries of the password. To my knowledge of how flash memory works (type of media in smart phones and on thumb drives) is that once data is removed from them, it is next to impossible to recover. That is something that the CIA and FBI are contending with now on these handheld devices.

just my 2 cents.

I don't buy Apple products

I don't buy Apple products for that exact reason. You can't take the battery out....

My question is:

How many of you would actually give up your cell phone if this is upheld?

Just Proves

That they had another reason to hand out free "bama phones" to the masses than as a service to the poor. Hah!



Does anyone have

the name of the "telecom" in Texas that isn't providing the information to the government? I'm in Texas and I've love to switch to them.

Maybe Write To The Judge

and see if he can fill you in or at least direct you to the public record for the case.

He probably didn't want to identify the company on the air for some reason.

"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard


maybe there is a market for cell phones with batteries that can be easily disabled.. I have to wonder about the internal microphones inside of laptop computers and web cams as well.

Packet switched networks, Tor

Packet switched networks, Tor and similar mixers, ever cheaper and faster networks and devices, and open source software and hardware, will in not too long render this case moot.

In many ways, it is probably healthy that everyone becomes aware that the government can track and listen in on every call, as it helps prime the market for encrypted phones, obfuscating networks and pirate radio towerrs / wifi spots. Since even if "we" win, the government will always have loopholes, like going to a judge they appointed, claiming you're a terrorist, blah-blah-blah. Non of which matters if calls are properly encrypted and obfuscated.

There's probably still some use for playing by the "rules", but those are now so stacked against regular people, that our most realistic hope, is probably technology outpacing the scumbags attempts to keep up; with encryption, obfuscation, Bitcoin, and source everything from cell phone chips to weapons of mass destruction.

It's sad this is even a question for debate.

Thomas Jefferson must surely be rolling in his grave.

If men are good, you don't need government; if men are evil or ambivalent, you don't dare have one.

This is a very important issue

I would be surprised if the court didn't rule in the government's favor but who knows. I would like to see the tide turn against these types of unconstitutional power grabs but lately it seems as if everything is corrupt. Eric Holder gets off. Jon Corzine gets off. Obamacare gets ruled constitutional. The NDAA somehow isn't struck down for being unconstitutional (and Obama won a victory for the moment to keep the ability to assassinate and indefinitely detain American citizens).

I would say that people are going to wake up to this stuff but many people are still not paying attention (though the MSM certainly deserves its share of the blame).

The Problem Is That The Court Is Part Of The Government

The government doesn't seem to be good at reining itself in.

"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard

ytc's picture

The Good Judge A Nap. . . educates us on serious matters with

his humor intact. He needs his own show back! Perhaps with the Good Dr RonPaul as his partner.

We will watch every single episode, if that happens. We will turn the TV on, again, ONLY to watch their shows. (BTW, it would become an extraordinary Liberty TV program, if Scott Horton & Tom Woods can fill in for them on their off days :-)

How Ironic That Obama Ran As The "Anti-Bush" Candidate

and is now shredding the Bill Of Rights in ways that George Bush never dreamed of.

"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard

President X is worse than

President X is worse than President X-1. Always have been, always will be.

So can one find out if there

So can one find out if there is a warrent out to track one's phone?