[959] in cryptography@c2.net mail archive
Re: encryption by the wind in an open field
daemon@ATHENA.MIT.EDU (Mark D. Fisher)
Fri Jun 6 17:15:18 1997
From: "Mark D. Fisher" <mfisher@us.oracle.com>
To: trei@process.com
Date: Fri, 6 Jun 1997 13:30:05 -0700 ()
Cc: unicorn@schloss.li, cryptography@c2.net, cme@cybercash.com, trei@c2.net
In-Reply-To: <199706061946.MAA26100@blacklodge.c2.net> from "Peter Trei" at Jun 6, 97 03:54:56 pm
>
> 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.
>
I suspect that this would not be useful in a real life case. It is unlikely
that the suspect has memorized a 128 byte key. He would likely have it on
diskette or at least on paper. If so he could be coerced into handing it
over. I think the destruction of the paper or diskette could be prosecuted
as destruction of evidence. On the other hand I'm not a lawyer.
-Mark
= The statements and opinions expressed here are my own and =
= do not necessarily represent those of Oracle Corporation. =
