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The Encrypting File System (EFS) on Microsoft Windows is a feature introduced in version 3.0 of NTFS that provides filesystem-level encryption. The technology enables files to be transparently encrypted to protect confidential data from attackers with physical access to the computer.
Email privacy is a broad topic dealing with issues of unauthorized access to, and inspection of, electronic mail, or unauthorized tracking when a user reads an email. This unauthorized access can happen while an email is in transit, as well as when it is stored on email servers or on a user's computer, or when the user reads the message. In countries with a constitutional guarantee of the secrecy of correspondence, whether email can be equated with letters—therefore having legal protection from all forms of eavesdropping—is disputed because of the very nature of email.
Golan v. Holder, 565 U.S. 302 (2012), was a US Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.
Cryptography is the practice and study of encrypting information, or in other words, securing information from unauthorized access. There are many different cryptography laws in different nations. Some countries prohibit the export of cryptography software and/or encryption algorithms or cryptoanalysis methods. Some countries require decryption keys to be recoverable in case of a police investigation.
Disk encryption is a technology which protects information by converting it into code that cannot be deciphered easily by unauthorized people or processes. Disk encryption uses disk encryption software or hardware to encrypt every bit of data that goes on a disk or disk volume. It is used to prevent unauthorized access to data storage.
United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." The Supreme Court has, since 1976, applied the so-called "act-of-production doctrine". Under this doctrine, a person can invoke his Fifth Amendment rights against the production of documents only where the very act of producing the documents is incriminating in itself.
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.
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California v. Byers, 402 U.S. 424 (1971), was a case in which the Supreme Court of the United States decided that providing personal information at the scene of an accident does not infringe on one's Fifth Amendment privilege against self-incrimination.
The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act (DMCA), a 1998 U.S. law. It has two major portions, Section 102, which implements the requirements of the WIPO Copyright Treaty, and Section 103, which arguably provides additional protection against the circumvention of copy prevention systems and prohibits the removal of copyright management information.
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Robert Edward Blackburn is a senior United States district judge of the United States District Court for the District of Colorado.
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Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to remain silent, but does not explicitly invoke or waive the right.
Ontario v. Quon, 560 U.S. 746 (2010), is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace. It was an appeal by the city of Ontario, California, from a Ninth Circuit decision holding that it had violated the Fourth Amendment rights of two of its police officers when it disciplined them following an audit of pager text messages that discovered many of those messages were personal in nature, some sexually explicit. The Court unanimously held that the audit was work-related and thus did not violate the Fourth Amendment's protections against unreasonable search and seizure.
Key disclosure laws, also known as mandatory key disclosure, is legislation that requires individuals to surrender cryptographic keys to law enforcement. The purpose is to allow access to material for confiscation or digital forensics purposes and use it either as evidence in a court of law or to enforce national security interests. Similarly, mandatory decryption laws force owners of encrypted data to supply decrypted data to law enforcement.
Connection Distributing Co. v. Holder, 557 F.3d 321 is a case in which the United States Court of Appeals for the Sixth Circuit held that the record-keeping provisions of the Child Protection and Obscenity Enforcement Act did not violate the First Amendment.
Hard Drive Productions, Inc. v. Does 1–1,495, Civil Action No. 11-1741 (JDB/JMF), was a United States District Court for the District of Columbia case in which the court held that anonymous users of the peer-to-peer file sharing service BitTorrent could not remain anonymous after charges of copyright infringement were brought against them. The court ultimately dismissed the case, but the identities of defendants were publicly exposed.
Marcia Clare Hofmann is an American attorney and US-UK Fulbright Scholar. Hofmann is known for her work as an advocate of electronic privacy and free expression, including defending individuals charged with high-profile computer crimes, such as Marcus Hutchins and Weev.
References
- ↑ Ingold, John (January 4, 2012). "Password case reframes Fifth Amendment rights in context of digital world". Denver Post .
- ↑ "Decrypt" (PDF). wired.com. Wired . Retrieved April 7, 2023.
- ↑ Ingold, John. "Feds unlock suspect's computer without her help". Wired.
- ↑ "EFF's Amicus Brief in Support of Fricosu". July 8, 2011. Retrieved September 25, 2016.
- ↑ Jennings, Richi. "EFF fights forced file decryption with Fifth, for Fricosu" . Retrieved September 25, 2016.
- ↑ "US v. FRICOSU, Dist. Court, D. Colorado 2013 - Google Scholar".
