Posted: 1/30/2015 5:23:45 PM EDT
| Can a person’s own security cameras be subpoenaed to be used as evidence against them? Or this that opening up a supreme court worthy 5th amendment issue? |
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Quoted: https://www.eff.org/deeplinks/2012/03/tale-two-encryption-cases Quoted: Quoted: If the data is encrypted, can you be compelled to de-crypt it? This is an interesting discussion. https://www.eff.org/deeplinks/2012/03/tale-two-encryption-cases Would be interesting to see how the courts rule when a 2048bit encryption key stored in volatile memory goes "puff" when jack booted government agents unplug the computer from a power source.  |
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Concern comes if the police want to use it to prove you weren't home when a crime was commited to help build their case. You indeed weren't home during that time and you know the cams will be used against you. You didn't commit the crime, but don't have an alibi either. Doesn't matter if you didn't commit a crime.
Pepper your angus, right? Seems like a camera system could be a detriment. What if you had a dash cam in your car, get in an accident. You can't pretend that camera just never existed if you know it's not going to help your case? |
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Dont do anything illegal and you shouldnt have any worries, or just prepare some termite and rig it over your dvr. Of course you should ALWAYS let the police search your car, your house, your person, and your papers also. After all, if you haven't done anything illegal,, what have you got to hide? |
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I can't remember names, etc. but there was a case of a man entering the US from Canada. He was known to be involved in child pornography.
At the boarder they confiscated his laptop. It was encrypted with PGP. He refused to provide the encryption key (5th). I remember that in court an FBI technician testified that they were unable to access the data on the laptop. As far as I remember his taking the 5th and not providing the key stood. So either the FBI could not break the encryption at the time or did not want to reveal they could for a case like that.. |
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Quoted: Concern comes if the police want to use it to prove you weren't home when a crime was commited to help build their case. You indeed weren't home during that time and you know the cams will be used against you. You didn't commit the crime, but don't have an alibi either. Doesn't matter if you didn't commit a crime. Pepper your angus, right? Seems like a camera system could be a detriment. What if you had a dash cam in your car, get in an accident. You can't pretend that camera just never existed if you know it's not going to help your case? "Hard drive crashed / files got corrupted." Is what Gov would say when asked politely to provide something that makes them look bad. |
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"Hard drive crashed / files got corrupted." Is what Gov would say when asked politely to provide something that makes them look bad. Quoted:
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Concern comes if the police want to use it to prove you weren't home when a crime was commited to help build their case. You indeed weren't home during that time and you know the cams will be used against you. You didn't commit the crime, but don't have an alibi either. Doesn't matter if you didn't commit a crime. Pepper your angus, right? Seems like a camera system could be a detriment. What if you had a dash cam in your car, get in an accident. You can't pretend that camera just never existed if you know it's not going to help your case? "Hard drive crashed / files got corrupted." Is what Gov would say when asked politely to provide something that makes them look bad. There you go... "Your honor, I do not recall what the password is." |
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I can't remember names, etc. but there was a case of a man entering the US from Canada. He was known to be involved in child pornography. At the boarder they confiscated his laptop. It was encrypted with PGP. He refused to provide the encryption key (5th). I remember that in court an FBI technician testified that they were unable to access the data on the laptop. As far as I remember his taking the 5th and not providing the key stood. So either the FBI could not break the encryption at the time or did not want to reveal they could for a case like that.. This is kind of a still unsettled area of the law. I think Boucher was a federal case out of Vermont with similar facts you state. The ICE agents at the border crossing were shown the child porn on the laptop while it was powered up. When it was confiscated and later powered on, it was encrypted. The government first, sought a search warrant for the password or forcing him to enter the password and were rebuffed as the right against, self-incrimination was invoked. They then sought a search warrant requesting the production of the unencrypted version of the drive/files and won that case. But there are many state and federal precedents kind of all over the map. There's a few cases with SOCTUS dicta where they like to use the metaphor of "telling an inquisitor the combination to a wall safe, is not like being forced to surrender the key to a strongbox" in comparing certain compelled actions and giving up the password is more like the combination to the safe. |
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Dont do anything illegal and you shouldnt have any worries, or just prepare some termite and rig it over your dvr. Sounds like a pretty easy way to get charged with destruction of evidence, arson, booby trap, etc. Just encrypt it, burning down your own house is going to look bad, and I don't think insurance will pay out. 
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Quoted: Sounds like a pretty easy way to get charged with destruction of evidence, arson, booby trap, etc. Just encrypt it, burning down your own house is going to look bad, and I don't think insurance will pay out. Quoted: Quoted: Dont do anything illegal and you shouldnt have any worries, or just prepare some termite and rig it over your dvr. Sounds like a pretty easy way to get charged with destruction of evidence, arson, booby trap, etc. Just encrypt it, burning down your own house is going to look bad, and I don't think insurance will pay out. |
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Can a person’s own security cameras be subpoenaed to be used as evidence against them? Or this that opening up a supreme court worthy 5th amendment issue? Not subpoenad but seized. Ask Aaron Hernandez http://abcnews.go.com/US/aaron-hernandezs-cameras-capture-gun-minutes-shooting/story?id=19775235 |
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On the same thought process-- How would one create an encrypted drive on a surveillance system? I haven't seen one that was a stand alone that had the type of access. I am curious, as my new system just showed up today. Run Blue Iris on a PC and you can do what ever you want.... |