Defense suggests improprieties in Wisconsin encryption case

Several months ago I wrote about an encryption case in Wisconsin where the magistrate had ordered production of the decrypted data, and then the district court judge suspended the order. Since then, several interesting things have happened. First, the prosecution argued that the defendant could forget the password so he needed to provide it, and it could be kept by a third party.

Now, the defense is arguing that prosecutors may have "intentionally or recklessly mislead the court," according to an article published last week by the Journal Sentinel in Milwaukee.

The forced decryption issue is one that continues to develop across the country, and we have yet to see a clear pattern develop in the handful of courts to decide the issue. Visit our encryption label to read about related cases on encryption and compelled production.