Thinking about the Scarfo cased discussed... Do you think it is fair that with a court order a key logger can be placed on your computer? Do you think the evidence in the Scarfo case should have been

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Thinking about the Scarfo cased discussed... Do you think it is fair that with a court order a key logger can be placed on your computer?  Do you think the evidence in the Scarfo case should have been admissible? Do you think it is ok to obtain an encryption key, decrypt the data, and use it as evidence in a trial?  Why is that ok but not ok for the government to force you to give up a password or encryption key?

I think that it is fair that a keylogger can be place on someone’s computer. It can be compared to how investigators wiretap phone lines, If that is legal than this should be no different. Investigators obtained a warrant so the evidence they collected from that keylogger was within their right. It is okay to be shown in court if the encryption key was obtained by legal means. I think this is different from the government forcing you to give up your password. This is because forcing someone to talk would be a violation of their right to remain silent. Whereas with a keylogger investigators are going out of their way to obtain the information by other legal means.

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I believe that having a keylogger on his computer is completely unlawful. That violates his right to privacy. This however is where it gets tricky, since he was a criminal you must be able to use any means to catch criminals that are within the law. There is a moral and ethical choice. Do you use evidence you got illegally in court or do you try to find other ways to gain evidence? It is a slippery slope. It should not have been admissible if it was gained illegally. The government cannot in theory force you to do anything. It would be against your free will. This however is not the case time and time again, since they went through alternate routes to gain the encryption key. They can add a hardware device to gain keystrokes from the machine or they could use a software trojan to obtain unencrypted keystrokes.  It is definitely wrong for employers to monitor their employees with keyloggers.

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