United States v. Fricosu, 841 F.Supp.2d 1232 (D. Col 2012), is a federal criminal case in Colorado that addressed whether a person can be compelled to reveal his or her encryption passphrase or password, despite the U.S. Constitution's Fifth Amendment protection against self-incrimination. On January 23, 2012, judge Robert E. Blackburn held that under the All Writs Act, Fricosu is required to produce an unencrypted hard drive.

Fricosu's attorney claimed it was possible she did not remember the password. A month later, Fricosu's ex-husband handed the police a list of potential passwords. One of the passwords worked, rendering the self-incrimination issue moot.

United States v. Fricosu

The Electronic Frontier Foundation filed an amicus brief in support of Fricosu.

United States v. Fricosu

Fricosu subsequently entered a plea agreement in 2013, meaning that the question of a defendant's right to resist mandatory decryption will not be addressed by a higher court until such time as a future case addressing the same issue arises.

United States v. Fricosu

See also

Key disclosure law

In re Boucher

United States v. Kirschner

References

Further reading

2012 in United States case law

Cryptography case law

Disk encryption

United States Fifth Amendment self-incrimination case law

Digital forensics

2012 in Colorado