United States v. Kirschner
| United States v. Kirschner | |
|---|---|
| United States District Court for the Eastern District of Michigan | |
| Full case name | United States of America v. Thomos J. Kirschner |
| Citations | United States v. Kirschner, 823 F. Supp. 2d 665 (Mar. 30, 2010). |
| Judge sitting | Paul D. Borman |
| Case holding | |
| Requiring a defendant to divulge the password to an encrypted file in response to a grand jury subpoena would be violate his Fifth Amendment right not to incriminate himself. | |
| Keywords | |
| encryption, self-incrimination | |
United States v. Kirschner, 823 F. Supp. 2d 665, 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).[1] 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
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
- In re
- Key disclosure law
- United States v. Hubbell, 530 U.S. 27 (2000) [2]
- In re Boucher
- United States v. Fricosu[3]
References
- ↑ "18 USC § 2252A - Certain activities relating to material constituting or containing child pornography". Legal Information Institute. Retrieved 31 January 2013.
- ↑
- ↑ U.S. v. Fricosu
External links
- Text of United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010) is available from: FindACase
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