FUTURE SHOCK WRITES;
"For an analogy, if I have the police come to my house with a valid search warrant, and I have a LOCKED ROOM, they can ask me to open that room. If I say no, I am in violation of the search warrant, obviously. And I can be arrested and/or held in contempt. An encrypted drive is the equivalent of a locked room, plain and simple. And they can compell you to open it, the same as if it was a locked room. You can put the strongest lock on that room that you want, but the police can still order you to open it - after all, the search warrant says your whole house is (usually) open to search. Similarly, you can put the stongest lock on your files - but the police with a warrant can compell you to open it.
In my mind, this is NOT a violation of civil liberties in any respect. A search warrant is a search warrant, and they had to prove to a judge that something was probably illegal at that residence to get it. A locked room, a locked car trunk, or an encrypted file is, and should be, equivalent. So far, I have been impressed with the willingness of the US courts to apply that rule to not only filesharers, but mafia bosses with encrypted books, and corporate criminals with encrypted emails. It's not a "screw the little guy" law, it seems to work it's magic across spectrum, as long as it's fairly applied in the initial search warrant phase..."
with all due respect you have no clue what the hell you are talking about
and im not impressed with these so called judges doing this,. Id be impressed if these so called judges actaully have properly put up the right collateral to hold a us district bench but you probably dont have a clue what I am talking about.
and I'd like you to name one case of contention where this has held up..
a search warrant gives the law the right to search what the warrant specifies. why do you think they confiscate the computers and take them to a lab?
They have the right to use whatever means necassary to break down the locked down, even blow it up, you are absolutely wrong that they can compell you to give up the key. I will wager you hsave never even seen a search warrant in person before.. can any and all locked doors or car be broken into? the answer is yes, can any and all encrypted disks be broken into? NO,, therefore your analogy falls short of a proper equivalent and your solution to this dilema wreaks of nazism in my opinion. again only under the patriot act in its specific guidelines can your point of view hold water, But name me a case where your viewm a case that was contested on the grounds i mentioned, held up then we can talk.
That is the problem with the interpretation of law today; ignorance is not an excuse to violate civil liberties.. I agree with the specific nature of the patriot act if used correctly by law enforcement under its legistative intent. I agree even means of physical force, if a suspect it is ascertained behind his locked door has a nuke bomb, then its a matter of national security. But read what the DOJ is saying about Warez, they are trying to make that arguement because they know the next logical progression of it if bought into; "warez is a matter of national security and falls under the patriot act" and one day some idiot judge who has not properly offered the correct collateral to sit on a district bench will go along with it. When and if that days happens, Im out of here
Do not be fooled by the greedy corporate american system. Sadly many are falling victim to ignorance here.
Do I agree that warez file sharing is a crime? Yes I do and if a suspect is properly brought to justice, that suspect if proven guilty beyond a reasonable doubt, if his/her rights have not been violated, shall be punished accordingly to US STATUTE in its codification.
However as you originally stated,(about large file downloading automatically assumes guilt) just because a person might download a ton of files a month, the gov has no right to pry into this. What is next, If I like to eat a ton of hamburgers a month shold I be investigated as well? or If I like to buy a ton of clothes does that reasonably assume I am selling the trade secrets of a certain type of bluejean? Maybe I have a mental issue and I like to download a ton of useless garbage, Im neurotic and like to downloadthe same shareware over and over again to test my speeds. according to you thats grounds for suspicion. Acoording to me who so ever thinks this in itself is suspect cant potentionally buy into nazi type thinking.
Your attitude is disturbing here. In your zealously to see justice done, be careful that one day because of your race, opinion, or otherwise, your rights are not violated.