[1005] in cryptography@c2.net mail archive
Re: Undecrypted cyphertext (was: Re: Dorothy and the four
daemon@ATHENA.MIT.EDU (Carl Ellison)
Fri Jun 13 12:10:40 1997
Date: Thu, 12 Jun 1997 18:16:00 -0400
To: Phil Karn <karn@qualcomm.com>
From: Carl Ellison <cme@cybercash.com>
Cc: sinster@darkwater.com, cryptography@c2.net
In-Reply-To: <199706121835.LAA08624@servo.qualcomm.com>
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At 11:35 AM 6/12/97 -0700, Phil Karn wrote:
>>the courts have already ruled that a defendant can refuse to hand over
>>their cryptographic keys on 5th amendment grounds. Now that doesn't
>
>I too would like to see a cite.
>
>My understanding of the issue, gleaned largely from a conversation
>with Mike Godwin a few years ago, is that this issue has never been
>decided by the courts. The closest they've come is "dicta" (a side
>discussion) that a defendant could not be compelled to divulge the
>combination to a safe. But dicta is not binding precedent.
>
>I do note that the federal government computer search and seizure
>guidelines written by FBI, SS et al *do* currently treat encryption
>keys and passwords as protected by the 5th amendment.
I remember a discussion with Scott Charney in which he claimed that
passphrases were protected by the 5th amendment. Then again, he was
arguing for mandatory Clipper chip use at the time. :)
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l9o5AGcBKfiXwoma+vc2Iw2hKzYzU5OzLJBP1sNYaEu1uNExUQ88DIU7NeWapGB9
IEfbKPY+sVyosolV+njCYS7NVpYXwdAatHoxKOw3kGpLt70kvZ4dZUlJuANfm92l
3EeNPcw2bZY=
=Ocwu
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