1. Install a hardware keylogger (software keylogger wouldn't work) in the laptop.
2. Release the defendant.
3. Get a warrant for the arrest of the defendant for CP-related crime.
4. Decrypt the laptop with the password recovered from the keylogger.
All of this depends on the suspect using the laptop again, but I'm guessing they'd want to recover the contents on the laptop.
> Release the defendant: If this is judges decision, he can't be in court again for the same crime.
> Get a warrant for the arrest: Again? Isn't he released? As such, gov must not return laptop with backdoor either in hardware or software mode.
> Decrypt the laptop: Even if all above matched, you think he'd use the same laptop again? If he has a bit of brain, I think he wouldn't.
He hasn't been charged with a crime yet.
> "Again? Isn't he released? As such, gov must not return laptop with backdoor either in hardware or software mode."
Don't release him fully then. Release him on bail or some other form of conditional release.
> "Even if all above matched, you think he'd use the same laptop again? If he has a bit of brain, I think he wouldn't."
Admittedly this is the weakest part of the suggestion. It'd rely on the person being addicted to CP to impair his judgement.
* Detaining this individual indefinitely without charge.
* Charge based on limited anecdotal evidence.
* Release without charge.
Can you think of other suggestions? Which of the available options do you think is best? Best being a balance between the rights of the individual and the laws of the state.
What should happen in this case IMO is that they should charge him with whatever they have right this moment, and if it fails, release him. Infinite detaining of individuals should be impossible, no matter what. This is dangerous.
If all it takes to be a criminal that can't be charged for their online behaviour is to encrypt a hard drive, what ramifications does that have for our legal system?
Encryption, once you lose the key, effectively destroys data. If you wanna charge someone with destruction of evidence, then charge that.
Refusing to comply is not a valid reason to lock someone up forever. You can charge him with contempt to court if you need to.