Wednesday, February 29, 2012

Fricosu's co-defendant provides law enforcement with encryption password

For those of you following the Fricosu drama, you'll be saddened to hear that it is now over. Fricosu's co-defendant recently provided law enforcement with the password for the encrypted drive, and Fricosu's attorney received a copy of the files from the drive today.

Here's a rundown of the history. A Colorado federal court ordered Fricosu to provide law enforcement with the password or an unencrypted copy of the files by February 29. Earlier this month, Fricosu's attorney suggested that she may have forgotten the password. She appealed to the Tenth Circuit, but they declined because there was no final judgment in the case. Last week, it was rumored that Fricosu's co-defendant (her ex-husband) had turned over the password.

Also last week, the Eleventh Circuit held that compelling disclosure of unencrypted files could violate a defendant's Fifth Amendment rights.

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