He was kept in prison without trial longer than any civilian before the War in Afghanistan, while appellate courts threw out nearly every motion made to set bail and gain release of Mitnick, and while Mitnick himself was becoming an urban legend. The United States District Court did establish that the government could not hack into Mitnick’s encrypted files to gain evidence against him, nor was the defense required to provide the government files from Mitnick’s encrypted drives. 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. I shook my head 'No! I'mnot going down that road, fuck!' before I could even try to calm myselfdown, I heard Chris shouting from the bathroom."Dude, what is this thing you left in the bathroom with the hooks?!"My face went sour. Fuck! I forgot the sleep restraint in there. Fuck fuckfuck!"Uuh, just leave it, Chris! It's for the trial!"There was no response and I resumed my meditation, trying to pretend Ihadn't just enjoyed violating my backside. All too soon Chris knocked onmy door and just swung the door open without waiting for me to sayanything. So he found me standing stark naked in the middle of the room,facing him with my hands on my hips... Almost like I had been waiting forhim to come in. It took me a few seconds to realize what the fuck hadjust jappened and cover my groin with my hands."DUDE! WHAT THE FUCK! Don't just barge in to my room like that!"I backed away from him towards my chair and grabbed my towel and pulledit around my waist."Ahh, relax... I already saw it.
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