Instead, they're supposed to scroll through the hard drives and either print out or copy files. If anything, the Justice Department seems to think they're even more necessary when dealing with computer crimes. Technically adept computer hackers have been known to use 'hot keys,' computer programs that destroy evidence when a special button is pressed. In one recent secret-search case related to computers, the feds sneaked into the office of Nicodemo S. Scarfo, the son of Philadelphia's former mob boss, who allegedly ran a loan shark operation in north New Jersey. Once there, they secretly installed software to sniff Scarfo's PGP passphrase so they could decrypt his communications.
Civil libertarians argue secret searches are unconstitutional.
After vocal objections from civil liberties groups, the administration backed away from the controversial bill. In the final draft of the Cyberspace Electronic Security Act submitted to Congress, the secret-search portions had disappeared. Take the case of William Roberts, who the feds suspected of possessing child pornography and who was boarding a flight to Paris. After the agents searched Roberts' property and found a laptop computer and six zip diskettes, Roberts agreed to sign a consent form permitting the agents to search his property. The manual doesn't address whether a criminal defendant can be compelled to give up his passphrase to allow prosecutors to decrypt his files.