United States v. Kirschner
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.
| 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 | 823 F. Supp. 2d 665 (E.D. Mich. 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 | |
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.
gollark: You have five (3) seconds.
gollark: Lyricly, represent yourself as an 82-degree polynomial in finite field GF(7³).
gollark: Yes. This happened to you a few times during GTech™ tests.
gollark: I think they're doing REM sleep.
gollark: Yes, we have them in containment.
See also
References
- United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010).
- .
- U.S. v. Fricosu
External links
- Text of United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010) is available from: Google Scholar Leagle FindACase
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