Privacy issues in the News: the RIAA, passwords, and the 5th Amendment

The RIAA’s Investigators Operating Illegally?

The Recording Industry of America Association (RIAA) is the agency trying to enforce copyrights by suing suspected file sharers. They employ MediaSentry for the forensic examination of the computers owned by suspected violators, which opens up for scrutiny not only shared music, but any personal information stored on the PCs. Recently, MediaSentry has come under fire for conducting such examinations for evidence to be used in court cases without having Private Investigator (PI) licenses. Massachusetts has ordered them to cease operations there until they obtain the proper licenses. Several other states have issued various statements and warnings, including Michigan. This gives defendants the possibility of getting evidence disallowed in their trials, and opens the doors for recriminations from past defendants who settled out of court based on evidence that may not have been legally obtained. So far, MediaSentry has taken the stance that their role in the investigations does not require a PI license. This story bears watching closely. If anyone challenges the evidence gathered by MediaSentry, and it follows that they have to obtain PI licenses going forward, how many counter-suits from past cases will suddenly be filed by defendants who settled out of court on the strength of evidence that would not have been admitted in court?

Courts Can’t Force You To Reveal Your Passwords and Encryption Keys

Another case making headlines lately involves a Grand Jury’s attempt to order a defendant to reveal his encryption password so that prosecutors could assess the files on his hard drive. It turns out that passwords and encryption keys are protected under the 5th amendment, which basically prohibits the forcing of defendants to testify against themselves. A federal Magistrate ruled the Grand Jury’s subpoena unconstitutional. The government has appealed. If the suspect - a Canadian with U.S. residency by the name of Sebastien Boucher - is actually guilty of child pornography, I hope the government finds enough evidence to convict him without violating his 5th amendment rights.References:

• www.law.com reported on passwords and the 5th amendment.
• recordingindustryvspeople.blogspot.com brought the MediaSentry story to light.
• bloggernews.net - discusses the implications of the RIAA’s investigators operating illegally in certain states.