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TrueCrypt, and the Fifth Amendment, saved my life. AMA.
This isn't meant to be advertising for or against computer encryptions. Facts are, I encrypted my computer and it saved my life, my reputation and everything I have. In February 2004 my house was raided by the FBI. They came with the full van and armed agents. They rushed in, presented a warrant and mentioned they had proofs somebody here had downloaded child pornography. Now understand this: this isn't a whole child pornography is good / child pornography is bad story. I don't know if people who watch child pornography turn into pedophiles or not (I don't think they do). I am not saying what I did was good, or even legal. I had downloaded some child pornography. Not a lot of it, maybe 30 pictures. I am NOT sexually attracted to children and promptly deleted most of them. Since I had a large pornographic collection, there might have been a few I wasn't able to find, and delete. I never watched these pictures or masturbated to them. That being said, I accept my responsability of downloading them. One thing I should say: I downloaded them all in one day, without knowing it was actual pornography (i.e. downloaded a file that wouldn't indicate it contains child pornography). They promptly took my computer, my external external hard drive and my laptop. They took my parents' computer as well. I was detained for interrogation. And I was smart. The very first thing I said, even before the interviewer dropped his pen, is "I want my attorney." Note: I had no attorney. I was bluffing. The officer said "Sure," took a few notes, and asked me for a few details "to file the case." Yes, he tried to trick me into talking, or at least starting to talk. I immediately repeated: "I want my attorney." That is the ONLY thing I said. I wanted to yell at him "I DON'T GIVE A SHIT ABOUT YOUR FILE" but I did not. He eventually complied, asked for his details, at which point I said I did not have an attorney but was in the process of finding one. However, I wanted a public defender. They charged me with possession of child pornography, mentioning my computer as proof. Inside, I laughed a bit, knowing what was waiting. I was formally charged, set bail, paid it, and let out. And then began a quite dramatic - but funny - turn of events. When you file charges in my state, the defendant has the right to a speedy hearing AND, of course, a preliminary hearing. I expressed my rights fully (eventually hired an attorney, my public defender didn't do much). The police - and FBI - had one problem. **My hard drives were all encrypted.** Even my laptop was encrypted. Back home, I took care to properly destroy anything that could ever get me in trouble - even letters I wrote as a child. The police had rapidly checked for more evidence, but as they wouldn't find anything, they did not take the time to look for drugs, drugs equipment and other evidences for other crimes. Two weeks later I got a call from someone claiming to work for the FBI. Apparently they were unable to decrypt my hard drives and required my help. I told them to talk to my attorney. I was summoned in and the only thing I told them was "I want my attorney". **They wanted the password** -We know you encrypted your data. We even know which program you used. By law, you are required to decrypt the data. -I want my attorney. They complied, my attorney came (at high cost) and the situation was re-explained to him (I, of course, already told him the situation, and he recommended not helping them a damn). He told them they had no legal stand. They formely ordered me to decrypt my data, threatening to charge me with terrorism, and I refused one last time. I was jailed again for a night and new charges were pressed for obstruction (i.e. refusing to help on an investigation). Fast-forward a week, I get a formal plea bargain. Ten years as a sex offender, six years probation, if I recognized guilt for possession of child pornography. The other charge would be drop. Quite a good deal, huh? My public defender STRONGLY told me to accept as the conviction rate was "nearly 99%". My attorney told me to invoke my 5th amendment and refuse any cooperation. Fast-forward to the preliminary hearing. The judge has to decide whether or not there is enough evidence to prosecute me. He asks for the investigator, who explains the situation, and for the forensic expert. To make a short story, they mention my IP clearly downloaded child pornography. Looks like I'm finished. Except for one thing. It has been so long between the download and the raid it was hard to prosecute me on the IP address alone. The record were old, incomplete, poorly filed. My attorney did a good job making the forensic expert admit "mistakes were possible." Then came my turn. The expert told the judge they could not find any trace of child pornography because my hard drives were encrypted. He said it was a clear proof I "was hiding something probably worse" at which point he was promptly stopped by my attorney (speculation is not accepted in court). The judge agreed. The expert closed his statement by saying that I had not only encrypted my hard drives, but external drive and laptop. Then came my turn. The judge summoned me, asked me a few questions, and finally asked: "Why did you encrypt your hard drive?" Think fast. What could I reply!!! "For safety and privacy, your honor. In case of theft." "Why do you refuse to decrypt your data?" The $1,000 question (note: this is not exactly what was said, just how I recall it). What can I say? Quick, a word with a lawyer. Then, the genius answer: "Your honor I would like to invoke my 5th amendment" "Alright". Oh, the irony of 5th amendment. If you don't invoke it, you have to incriminate yourself. If you do invoke it, you indirectly admit guilt. Of course that can't be used against you, but whatever. There were a few more statements, and eventually the prosecution had nothing. The judge took a moment to think, then said two words that would change my life. "Case dismissed" due to "lack of evidence". I was ecstasic. The prosecution party was furious. They closed the file. The judge was about to end the audience when I said: "Your honor, they still have my computer. I want it back!" "You just had a criminal case dimissed." "It's my stuff. I want it back" "Very well. Your town's police department has 30 days to give you your material back. Audience finished". I was very happy. I felt I added to the insult with that last request. The prosecution party couldn't believe it, after all that work. I got my stuff back and it took me a full month before I dated to open my computer again. I was afraid they put a bug or would still try to harass me or incriminate me. I feared they were waiting for me to decrypt me to charge me again. I waited one whole month, then decrypted the file - saved the files I wanted to keep then formatted it all, writing random 0's and 1's. So this is it. TrueCrypt certainly saved my life, reputation and money. Without it, there is no doubt the police would have found the pictures, and convicted me. I would be on the same registery as rapists and pedophiles - all this for a mistake of mine. But encryption - and refusing to give up despite the threats of being charged with a much more serious crime - kept me free. AMA. more