Under Fifth Amendment protection, prosecution cannot require a defendant to explain the evidence in the prosecution’s possession nor force the defendant to give up the encryption codes. So, the court noted that encrypted evidence would not be part of the prosecution’s case since it had no idea of what was on the encrypted devices. The court concluded that “as long as he has the keys in his pocket, there’s nothing this court is going to do about it.” The court denied access to the encrypted material unless Mitnick voluntarily gave up the encryption key.In another case, just a few years later, Ari David Levie appealed his conviction in Minnesota for various child pornography and child sex abuse charges. In his appeal, he said the court improperly allowed evidence from his computer, including his browser history and the presence of encryption software to be admitted in the trial. The Minnesota Appeals Court ruled that the presence of encryption software on a computer may be viewed as. She’d poured everything she had into her story, so it was shattering when she looked at the two winning entries posted in the display case for the Pearl Diver. Neither of them was hers.“I’m not there.” she said unbelievingly to her best friend, Denise.“Why aren’t you there?” the attractive blonde asked.“Neil Perlow and Joseph Dreyer?” Terry said as she read the names of the two boys who had won.Leaving Denise behind, Terry then had gone to the office of Mr. Raymaker, the school paper’s faculty adviser, to ask what was wrong with her story. She thought she had her answer in a comment she overheard another teacher making as he walked in with Mr. Raymaker.“Then I had Terry Griffith for fourth period civics.” the teacher had said. “Did you see what she’s wearing ... the legs do not stop. I say we flunk her, keep her here another year.”Mr. Raymaker had laughed at the suggestion.That little comment carried a lot more weight than Raymaker’s statement that her article was good, but just not.
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