[962] in cryptography@c2.net mail archive
Re: encryption by the wind in an open field
daemon@ATHENA.MIT.EDU (Peter Trei)
Fri Jun 6 17:46:15 1997
From: "Peter Trei" <trei@process.com>
To: mfisher@us.oracle.com, unicorn@schloss.li, cryptography@c2.net,
cme@cybercash.com, trei@process.com
Date: Fri, 6 Jun 1997 17:08:10 -6
Reply-to: trei@process.com
Mark Fischer wrote:
> Peter Trei wrote:
> > 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
Of course, a good, memorized passphrase which unlocks your PGP key is
equivalent.
-pt
