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Old 01-24-2012, 05:48 PM
 
15,924 posts, read 17,651,217 times
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Quote:
Originally Posted by NJBest View Post
They can't ask you for the key if they don't know about the encrypted volume. If you're trying to hide something, use hidden volumes.
Any person who can walk and chew gum at the same time can find hidden volumes.
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Old 01-24-2012, 05:53 PM
 
15,924 posts, read 17,651,217 times
Reputation: 7645
Quote:
Originally Posted by Mircea View Post
This is not a 5th Amendment issue, unless you're claiming you mind-melded with the hard-drive.
It's not?

In March 2010, a federal judge in Michigan ruled that Thomas Kirschner, facing charges of receiving child pornography, would not have to give up his password. That's "protecting his invocation of his Fifth Amendment privilege against compelled self-incrimination," the court ruled (PDF).
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Old 01-24-2012, 06:19 PM
 
Location: Tyler, TX
15,210 posts, read 18,492,417 times
Reputation: 8052
"I'm sorry, sir, but I seem to have forgotten that passphrase. You're welcome to use whatever technology you have at your disposal to execute that warrant."
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Old 01-24-2012, 06:46 PM
 
24,503 posts, read 35,968,627 times
Reputation: 12847
Quote:
Originally Posted by plwhit View Post
Any person who can walk and chew gum at the same time can find hidden volumes.
Not quite buddy. A hidden volume appears as free space in the container volume. In fact, when in the container, you can accidentally overwrite the hidden volume if you write to it because the container, itself, is not aware of the hidden volume.

Hidden volumes are valid DFS.

Last edited by NJBest; 01-24-2012 at 07:05 PM..
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Old 01-24-2012, 10:52 PM
 
16,308 posts, read 25,265,774 times
Reputation: 8302
Quote:
Originally Posted by plwhit View Post
Any person who can walk and chew gum at the same time can find hidden volumes.
You need to update your knowledge base a bit. It is even a function of Truecrypt.
TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows 7/Vista/XP, Mac OS X and Linux - Hidden Volume
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Old 01-25-2012, 01:15 PM
 
Location: 10110001010110100
6,385 posts, read 10,844,485 times
Reputation: 5589
Put the data destroying virus in the encrypted partition and the critical data in a folder on your desktop where they likely to overlook. Then give them the decryption key with a smile on your face...
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Old 01-25-2012, 02:37 PM
 
15,924 posts, read 17,651,217 times
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Quote:
Originally Posted by Asheville Native View Post
You need to update your knowledge base a bit. It is even a function of Truecrypt.
TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows 7/Vista/XP, Mac OS X and Linux - Hidden Volume
Yes, and one can use TCHunt to find them....

http://16s.us/TCHunt/index.php
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Old 01-25-2012, 02:40 PM
 
15,924 posts, read 17,651,217 times
Reputation: 7645
Quote:
Originally Posted by NJBest View Post
Not quite buddy. A hidden volume appears as free space in the container volume. In fact, when in the container, you can accidentally overwrite the hidden volume if you write to it because the container, itself, is not aware of the hidden volume.

Hidden volumes are valid DFS.
Buddy, one can use TCHunt to find them....

16 Systems - TCHunt
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Old 01-25-2012, 02:48 PM
 
Location: Victoria TX
42,663 posts, read 75,378,972 times
Reputation: 36176
Quote:
Originally Posted by swagger View Post
"I'm sorry, sir, but I seem to have forgotten that passphrase. You're welcome to use whatever technology you have at your disposal to execute that warrant."
I think there you have nailed it. A statement explaining how to uncover self-incriminating evidence is a Fifth Amendment issue.
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Old 01-25-2012, 03:13 PM
 
Location: Maryland not Murlin
8,193 posts, read 22,572,775 times
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Quote:
Originally Posted by mensaguy View Post
That sounds simple enough. You may feel different when there is a detective standing there doing something you feel threatens your constitutional liberties. We just learned a few days ago that cops can't plant a GPS on your car without a warrant.
This woman is being charged with embezzlement and fraud. She is not just some random woman "minding her own business".

Quote:
Originally Posted by hoffdano View Post
Because I don't know otherwise - I assume law enforcement in this case has good reason to believe the encrypted drive contains data relevant to the case. Hence they took possession of it. Law enforcement routinely takes possession of computers during a criminal investigation. The suspect in question is a suspect because of other evidence, right? So the hard drive is just another device that contains relevant data.

If LE just wants to fish through the drive without any idea what is stored on it - I have some doubts about the validity of a search warrant in this case.
You know, some people really do believe that it is no one's business to dig through their stuff even if they are guilty. However, it would stand to reason that someone being charged with a crime that could potentially bring a long prison sentence would just open the darn thing up if was really clean. Either this woman is extremely stubborn, or there is something on the drive she does not want anyone to see.

Quote:
Originally Posted by plwhit View Post
It's not?

In March 2010, a federal judge in Michigan ruled that Thomas Kirschner, facing charges of receiving child pornography, would not have to give up his password. That's "protecting his invocation of his Fifth Amendment privilege against compelled self-incrimination," the court ruled (PDF).
To my knowledge, a judge ruled that he had to give up his password because a boarder guard saw the child porn on the computer, so the contents were known to be on there.
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