Steve, Jul 13th, 2011 @ 10:36am
A requirement to type in the password is contrary to the 13th Amendment (not that any of them are respected in USA anymore).
The appropriate answer is, "All the data has been delivered, you have it right there". AFAIK there has never been a requirement for the discoveree to interpret data for the opposing party. If it were in a language they didn't understand, for example, it would be their own responsibility to find a translator.
years ago, when after a false conviction and an appeal I requested transcripts of the proceedings of my court case, and they came alright, but were in the "symbolized' shorthand of the court stenographer, and most people don't realize this, but they all have different styles, so only the person who wrote them, would ever have a shot at decrypting them, so basically, when asked if I HAD been given a copy of the transcripts, I had to say yes, but they were unreadable, he said, that's not my fault, and eventually dismissed my case! the conviction stands!
If the woman broke the law, and they want to look at her files, I think they would have to KNOW that information on there is detrimental to her, otherwise they wouldn't ask, and she wouldn't refuse...THAT SAID, if she is still in possession of the laptop, (unlikely of course) she could always format the hard drive and NOBODY would be able see what was on there, I think this is a test case for purposes other than prosecuting this woman, if they have THIS much on her, they don't need any info on her laptop, there are traces of her activities everywhere.
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@ steve....good point, and I'll tell you why...
A requirement to type in the password is contrary to the 13th Amendment (not that any of them are respected in USA anymore).
The appropriate answer is, "All the data has been delivered, you have it right there". AFAIK there has never been a requirement for the discoveree to interpret data for the opposing party. If it were in a language they didn't understand, for example, it would be their own responsibility to find a translator.
years ago, when after a false conviction and an appeal I requested transcripts of the proceedings of my court case, and they came alright, but were in the "symbolized' shorthand of the court stenographer, and most people don't realize this, but they all have different styles, so only the person who wrote them, would ever have a shot at decrypting them, so basically, when asked if I HAD been given a copy of the transcripts, I had to say yes, but they were unreadable, he said, that's not my fault, and eventually dismissed my case! the conviction stands!
about that laptop...
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