United States v. Kirschner
| United States v. Kirschner | |
|---|---|
| Court | United States District Court for the Eastern District of Michigan |
| Full case name | United States of America v. Thomos J. Kirschner |
| Citation | 823 F. Supp. 2d 665 (E.D. Mich. 2010) |
| Holding | |
| Requiring a defendant to divulge the password to an encrypted file in response to a grand jury subpoena would violate his Fifth Amendment right not to incriminate himself. | |
| Court membership | |
| Judge sitting | Paul D. Borman |
| Keywords | |
| encryption, self-incrimination | |
United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010),[1] was a federal criminal case in Michigan. The defendant had previously been indicted by a grand jury under three counts of receipt of child pornography under 18 U.S.C. § 2252A(a)(2)(A).[2] The government sought to use a grand jury subpoena post-indictment to acquire additional evidence: the contents of an encrypted file from the defendant's hard drive.
Decision of the United States District Court
[edit]On March 30, 2010, Judge Paul D. Borman held that compelling Kirschner to divulge the password to the encrypted file would require "producing specific testimony asserting a fact" in violation of his Fifth Amendment right against self-incrimination.
See also
[edit]
- In re
- Key disclosure law
- United States v. Hubbell, 530 U.S. 27 (2000) [3]
- In re Boucher
- United States v. Fricosu[4]
References
[edit]- ^ United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010).
- ^ .
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2012-10-06. Retrieved 2013-01-31.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ U.S. v. Fricosu
External links
[edit]- Text of United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010) is available from: Google Scholar Leagle FindACase