A federal appeals court has rejected a Florida man’s attempt to recover more than $354
million worth of Bitcoin he claimed was lost when authorities destroyed a hard drive
seized during his 2019 arrest for counterfeiting and identity theft.
Personal Opinion
Criminals should pay the price for their crimes, and law enforcement will recover the
proceeds of crime. But in this case, it appears the convict is also guilty of suspicion,
for failing to unlock an encrypted device.
The problem is that encrypted data is indistinguishable from random noise. It doesn’t
prove ownership, intent, or guilt.
The encrypted device at the center of this case wasn’t used to convict him. Other laptops
and devices were used for that. But law enforcement decided, without proof, that it didn’t
matter. Their distaste for his crimes meant he must also suffer collateral damage. Revenge
by any other name. The silence of his data was guilt.
Refusing to unlock a drive shouldn’t be a crime. It should be an extension of the right to remain silent. There may be reasons why someone might not decrypt a device, such as protecting another person’s liberty.
By destroying the drive, law enforcement conveniently destroyed evidence. Evidence, perhaps not for today, but perhaps for later, when technology might break the code. Or not. How do we know if anything was behind that door?
If we accept that silence can be punished, that property can be destroyed without cause, that rights are conditional, then we’re eroding the rights of everyone. Because the system will eventually decide you don’t deserve rights.
