[957] in cryptography@c2.net mail archive
Re: encryption by the wind in an open field
daemon@ATHENA.MIT.EDU (Black Unicorn)
Fri Jun 6 17:01:31 1997
Date: Fri, 6 Jun 1997 16:14:57 -0400 (EDT)
From: Black Unicorn <unicorn@schloss.li>
To: Peter Trei <trei@process.com>
cc: cryptography@c2.net, cme@cybercash.com
In-Reply-To: <199706061941.PAA05754@Eden.mindport.net>
On Fri, 6 Jun 1997, Peter Trei wrote:
> Black Unicorn wrote:
> > On Fri, 6 Jun 1997, Carl Ellison wrote:
> >
> >
> > > If a criminal writes that diary entry and remembers the key but refuses to
> > > hand it over, is he guilty -- and, if so, of what?
> >
> > Contempt of court. Destruction of material evidence to a crime.
> > Obstruction.
> >
> > Really the leap from a locked safe containing the bookkeeping evidence of
> > illegal activity, and the encrypted disk is not a great one.
> >
> > It all hinges on your view of the concept that a court is entitled to
> > evidence of a crime it is hearing argument on.
> >
> > > - Carl
>
> A year or so ago, perhaps on the cypherpunk list, there was a post
> citing a legal precedent. In it a judge opined that in the case
> of a locked safe, a suspect could be coerced into handing over a
> physical key, but that forcing him/her to reveal a combination (which
> existed only in his/her memory) would violate their right against
> self-incrimination.
>
> Any one else remember this?
I do. I'm searching for the cite now because I seem to remember that
there was a contrary decision in another court.
Also, I would cite examples where the defendent is compelled to reveal the
location of bank accounts without it being testimonial.
I don't want to speak for him, but I believe Prof. Froomkin's position was
that compelling the production of crypto keys was unconstitutional.
>
> Peter Trei
> trei@process.com
>
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