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Re: Judge orders defendant to decrypt PGP-protected laptop

daemon@ATHENA.MIT.EDU (James S. Tyre)
Tue Mar 3 15:21:19 2009

Date: Tue, 03 Mar 2009 12:08:55 -0800
To: "Steven M. Bellovin" <smb@cs.columbia.edu>,
 "Perry E. Metzger" <perry@piermont.com>
From: "James S. Tyre" <jstyre@jstyre.com>
Cc: Adam Fields <cryptography23094893@aquick.org>,cryptography@metzdowd.com
In-Reply-To: <20090303144517.16f4b544@cs.columbia.edu>

At 02:45 PM 3/3/2009 -0500, Steven M. Bellovin wrote:
>On Tue, 03 Mar 2009 13:53:50 -0500
>"Perry E. Metzger" <perry@piermont.com> wrote:
> >
> > I'll repeat: the law is not like a computer program. Courts operate on
> > reasonableness standards and such, not on literal interpretation of
> > the law. If it is obvious to you and me that a disk has multiple
> > encrypted views, then you can't expect that a court will not be able
> > to understand this and take appropriate action, like putting you in a
> > cage.
> >
>Indeed.  Let me point folks at
>http://www.freedom-to-tinker.com/blog/paul/being-acquitted-versus-being-searched-yanal
>-- which was in fact written by a real lawyer, a former prosecutor who
>is now a law professor.


Thanks Steve.  As you know, of course, IAARL.  And I know and have 
worked with Paul.  I don't normally do me-too posts, and I don't 
normally post to this list at all; but I do want to me too 
this.  I've been pointing folks to Paul's piece since the day (a 
weeks ago) he first published it, it's well worth reading.

-Jim

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James S. Tyre                                      jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org
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