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While prosecution has an affirmative duty to reveal evidence favorable to the defense, the defendant has no reciprocal duty. Under Fifth Amendment protection, prosecution cannot require a defendant to explain the evidence in the prosecution’s possession nor force the defendant to give up the encryption codes. So, the court noted that encrypted evidence would not be part of the prosecution’s case since it had no idea of what was on the encrypted devices. The court concluded that “as long as he has the keys in his pocket, there’s nothing this court is going to do about it.” The court denied access to the encrypted material unless Mitnick voluntarily gave up the encryption key.In another case, just a few years later, Ari David Levie appealed his conviction in Minnesota for various child pornography and child sex abuse charges. In his appeal, he said the court improperly allowed evidence from his computer, including his browser history and the presence of encryption software to be. On the walk home, Jenna and Jane spoke about all fun they would have this summer, and how it would be nice if one of the boys from school would ask them out. They got to Janes house, they said good bye and Jenna walked the last block home. She could still see Mrs Smith and a boy who must have been around 12 years’ old busy unpacking boxes. She waved as she walked past and then went into her house. She did her jobs for the day, sweeping the house and dishes. Her mom arrived home after work and made dinner for them. Ruth asked Jenna how her day was and what she planned for her summer vacation. Jenna told her about what Jane and her had planned, but she would need to find a job for work first. “Oh that reminds me, Mrs Smith asked if I knew any baby sitters that could help her with her son Jake. I said they you could do it. What do you think, ” Ruth said. “Its for the whole summer during the week from when she goes to work until she comes back.” Jenna could not believe her luck, she.
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