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Comment Re:Thank God that can't happen here (US) (Score 1) 554

Of course you can be compelled to open your safe. Refusal is interfering with an investigation, obstruction, subject to contempt citation, et cetera.

And in the case of encryption keys where there is a valid warrant (which won't be issued for an open-ended "we think something illegal might be there but don't know what" request), the situation is the same. You aren't testifying against yourself when you surrender evidence, in the case that the state can make a reasonable argument that it knows where and what the evidence is.

The state can't compel you to "give us everything you have so that we can look for something illegal, even though we don't know what to look for or where it is." That's an entirely separate issue and is both an illegal seizure and, if related to a prosecution, possibly a Fifth Amendment violation as well. In other words, the state can ask and require you to cooperate in this situation:

"We have reason to believe that the computer you possess that contained numerous references to bomb-making materials and which we seized as part of your arrest for illegal possession of destructive devices CONTAINS encrypted files with additional relevant information. What are the encryption keys for this data?"

The state can't ask you to answer these questions:

"Have you ever been involved in terrorist activities?" (-- self incrimination)

"Do you have any data in your possession that relates to terrorist activities?" (-- also self incrimination)

"Although we found no evidence of terrorist activities when we conducted a search of your home, and no one in the investigation mentioned your involvement, we wonder if there might be evidence of illegal activities hidden on your computer. Give us the encryption keys." (-- no probable cause)

"We have been searching every 10th computer brought into this Federal building as a matter of routine. Give us the encryption keys." (-- no probable cause although you could be refused entry in most cases.)

Comment Re:Self-incrimination becoming mandatory (Score 1) 554

Turning over evidence in your possession is not the same as testifying.

Earlier this year, a Vermont court found that a Canadian man's refusal to provide encryption keys for data on his laptop was not protected by the Fifth Amendment.

http://web20.nixonpeabody.com/np20/np20blog/Lists/Posts/Post.aspx?ID=298

This really isn't any different than a situation where a witness or suspect is required to open a safe, provide account numbers, et cetera. In general the state can't "fish" for evidence (say, seize a laptop just to see if it contains anything of interest, without a specific goal in mind), but if there is a reasonable belief that a search will produce evidence that pertains to the charges at hand, the state has the right to conduct the search and compel a defendant to cooperate.

You can always refuse anyway.

Microsoft

US Court Tells Microsoft To Stop Selling Word 403

oranghutan writes "A judge in a Texas court has given Microsoft 60 days to comply with an order to stop selling Word products in their existing state as the result of a patent infringement suit filed by i4i. According to the injunction, Microsoft is forbidden from selling Word products that let people create XML documents, which both the 2003 and 2007 versions let you do. Michael Cherry, an analyst quoted in the article, said, 'It's going to take a long time for this kind of thing to get sorted out.' Few believe the injunction will actually stop Word from being sold because there are ways of working around it. In early 2009, a jury in the Texas court ordered Microsoft to pay i4i $200 million for infringing on the patent. ZDNet has a look at the patent itself, saying it 'sounds a bit generic.'"
Books

Sony Takes Aim At Amazon's Kindle 273

MojoKid writes "Sony recently announced two new eBook readers and has set its sights on tapping into Amazon's Kindle market share. The Sony Reader Pocket Edition and the Reader Touch Edition will come out at the end of the month and will reportedly cost less or the same as the older, more established Kindle. The Pocket Edition has a five-inch display, comes in several colors ('including navy blue, rose and silver') and fits, as one might expect, in a jacket pocket or a purse. It can store about 350 'standard eBooks' and can last about two weeks on a single charge, Sony claims. The Touch Edition is a bit larger, with a six-inch display that, as you'd expect, can be controlled via a touch interface."
Sun Microsystems

Sun's JRuby Team Jumps Ship To Engine Yard 77

itwbennett writes "'To be honest, we had no evidence that Oracle wouldn't support JRuby, but we also didn't have any evidence that they would,' said Charles Nutter, explaining why Sun's entire 3-member JRuby team will be leaving the company to work for application hosting company Engine Yard. Nutter called getting hired by Sun about two-and-a-half years ago and being given the chance to work full time on JRuby a 'dream come true.' And said that the decision to leave Sun came down to making sure 'JRuby will get to the next level.'"

Comment Good search requires knowing more about YOU (Score 1) 37

So, I understand that people might feel like Google is scanning your library card every time you borrow a book. But the thing is, in order to return more relevant results for your searches, Google (or whoever) needs to know what sort of things you typically look for. You know, like the librarian who tells you that there's a new book on adult stuffed animals.

Relevant search and anonymous search: Pick one.

Google

EFF Urges Pressure On Google Over Book Search 37

angry tapir writes "The Electronic Frontier Foundation is urging its supporters to pressure Google to build significant privacy protections into its Book Search service. The EFF suggests that the service gives Google access to new personal information: what people are searching for in out-of-print and out-of-copyright books. The EFF posted its concerns with Google Book Search on its blog, with EFF designer/activist Hugh D'Andrade saying the search product could infringe on 'privacy of thought.' Google, in a responding blog post, said it will protect user privacy, though it can't yet say how — the service hasn't been designed yet, nor approved."
Businesses

US Videogame Sales Have Biggest Drop In 9 Years 310

alphadogg writes "The recession appears to have finally caught up with the video game market. Sales of video game hardware and software were down by around one-third in June compared to the same month last year. After initially showing positive growth as the US slid into recession, the latest figures mark the fourth month of declines and the largest year-on-year decline in almost 9 years. 'The first half of the year has been tough largely due to comparisons against a stellar first half performance last year, but still, this level of decline is certainly going to cause some pain and reflection in the industry,' said Anita Frazier, a games analyst with NPD Group. She added, 'The size of the decline could also point to consumers deferring limited discretionary spending until a big event (must-have new title, hardware price cut) compels them to spend.' The entire video game market in the US was worth $1.2 billion in June, down 31 percent from the same period last year, according to NPD Group."
Medicine

Cure For Radiation Sickness Found? 385

Summit writes "A scientist has claimed to have discovered a radioprotectant that all but eliminates acute radiation sickness even in cases of lethal doses of radiation in tests on rats and monkeys, when injected up to 72 hours after exposure. They also claim the drug, a protein, has no observed negative effects in humans. They have not irradiated any people just yet, but if this turns out to be true, it could mean everything from curing cancer to making manned interplanetary space expeditions feasible... not to mention treatment for radiation exposures in nuclear/radiological accidents/attacks. If this drug works, it would mean a true breakthrough as past experiments with radioprotectants were not particularly promising in any respect." The only source for the story at this time is an exclusive in YNet News, a site with the subtitle "Israel At Your Fingertips." Such a radioprotectant would be huge news for Israel. Make of it what you will.
Hardware Hacking

Three Arrested For Conspiring To Violate the DMCA 335

jtcm writes "Three men have been charged with conspiring to violate the Digital Millennium Copyright Act after federal investigators found that they allegedly offered a cracker more than $250,000 to assist with breaking Dish Network's satellite TV encryption scheme: '[Jung] Kwak had two co-conspirators secure the services of a cracker and allegedly reimbursed the unidentified person about $8,500 to buy a specialized and expensive microscope used for reverse engineering smart cards. He also allegedly offered the cracker more than $250,000 if he successfully secured a Nagra card's EPROM (eraseable programmable read-only memory), the guts of the chip that is needed to reverse-engineer Dish Network's encryption.' Kwak owns a company known as Viewtech, which imports and sells Viewsat satellite receiver boxes. Dish Network's latest encryption scheme, dubbed Nagra 3, has not yet been cracked by satellite TV pirates."
Data Storage

Enthusiasts Convene To Say No To SQL, Hash Out New DB Breed 423

ericatcw writes "The inaugural NoSQL meet-up in San Francisco during last month's Yahoo! Apache Hadoop Summit had a whiff of revolution about it, like a latter-day techie version of the American Patriots planning the Boston Tea Party. Like the Patriots, who rebelled against Britain's heavy taxes, NoSQLers came to share how they had overthrown the tyranny of burdensome, expensive relational databases in favor of more efficient and cheaper ways of managing data, reports Computerworld."
GNU is Not Unix

Richard Stallman Says No To Mono 1008

twitter writes "There's been a lot of fuss about mono lately. After SCO and MS suing over FAT patents, you would think avoiding anything MS would be a matter of common sense. RMS now steps into the fray to warn against a serious mistake: 'Debian's decision to include Mono in the default installation, for the sake of Tomboy which is an application written in C#, leads the community in a risky direction. It is dangerous to depend on C#, so we need to discourage its use. .... This is not to say that implementing C# is a bad thing. ... [writing and using applications in mono] is taking a gratuitous risk.'" Update: 06/27 20:22 GMT by T : Read on below for one Mono-eschewing attempt at getting the (excellent) Tomboy's functionality, via a similar program called Gnote. Update: 06/27 21:07 GMT by T: On the other side of the coin, reader im_thatoneguy writes "Jo Shields, a Mono Developer, has published an article on 'Why Mono Doesn't Suck,' why it is not a threat to FOSS, why it is desirable to developers and why it should be included in Ubuntu by default."

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