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Government attempts to commandeer encrypted passwords and to search laptops at border points raise a host of constitutional issues from self-incrimination to unlawful search and seizure. On November 29, 2007, in a case believed to be the first of its kind, a U.S. District Court in Vermont ruled that the government could not require a man to type in a password that would unlock his computer because doing so would violate his Fifth Amendment right against self-incrimination. In addition, the Central District of California has found that the government must have a reasonable suspicion to search a person’s computer at a point of entry to the United States. Both decisions are on appeal.Continue Reading Constitutional Rights and Digital Dilemmas

The line between digital fantasy and reality is becoming evermore blurred, as evidenced by the recent arrest of a 17 year-old Dutch teen and the questioning of five others.[1] Using a phishing scam, the teens were allegedly able to secure log in identifications for a Web site called Habbo Hotel.[2] The teens allegedly used this account information to log on to the virtual hotel rooms of other members of the Habbo Hotel Web site and transfer the virtual furniture to their own accounts. The stolen digital property was originally purchased using real currency, and amounted to over $5,000 worth of goods. The arrested teen now faces real punishment for the alleged digital thievery.Continue Reading The Thin Digital Line