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RE: encryption by the wind in an open field

daemon@ATHENA.MIT.EDU (Black Unicorn)
Fri Jun 6 17:24:13 1997

Date: Fri, 6 Jun 1997 16:43:21 -0400 (EDT)
From: Black Unicorn <unicorn@schloss.li>
To: Blanc Weber <blancw@MICROSOFT.com>
cc: cryptography@c2.net
In-Reply-To: <88CE23A0B727D0118BB000805FD4752401B3C0CF@RED-81-MSG.dns.microsoft.com>

On Fri, 6 Jun 1997, Blanc Weber wrote:

> 
> Is the act of hiding incriminating information in a message _after_ it
> has been expressed,  sufficiently related to hiding the incriminating
> information in a message _before_ it has been expressed, such that it
> would warrant policing the hidden meanings in thoughts?

This reminds me of "insider non trading."

This is where I was planning to buy exxon, but then my pal (an exxon vp)
tells me that the company is about to announce a major loss.  This is
arguably a violation of SEC regulations, but it just seems
counter-intutive.  When can non-action result in criminal 
liability?
 
> Could an individual be guilty of hiding from general observation the
> meaningful data which would communicate a future criminal intent or a
> past criminal action?

In terms of a contempt of court charge, only if the court asked for it.
In terms of an obstruction or destruction of material evidence charge?
That's a really loaded question.

I'm going to pull run-of-the-mill obstruction and destruction of
material evidence statutes and take a peek.  Unless Mr. Metzger objects,
I'll post my results here.

>    ..
> Blanc

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