[144335] in cryptography@c2.net mail archive
Re: Judge orders defendant to decrypt PGP-protected laptop
daemon@ATHENA.MIT.EDU (=?UTF-8?Q?Ivan_Krsti=C4=87?=)
Tue Mar 3 19:09:26 2009
Cc: Adam Fields <cryptography23094893@aquick.org>,
cryptography@metzdowd.com
From: =?UTF-8?Q?Ivan_Krsti=C4=87?= <krstic@solarsail.hcs.harvard.edu>
To: Perry E. Metzger <perry@piermont.com>
In-Reply-To: <87hc2ajv41.fsf@snark.cb.piermont.com>
Date: Tue, 3 Mar 2009 18:00:34 -0500
On Mar 3, 2009, at 1:53 PM, Perry E. Metzger wrote:
> 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.
Why do you think it'd be obvious to you and me that a disk has =20
multiple encrypted views? Contempt carries a burden of proof. If the =20
guy has two encrypted volumes, one with a bunch of hardcore adult porn =20=
and the other with a bunch of kiddie porn, how does his unlocking the =20=
first one give you a 'preponderance of evidence' that he's obstructing =20=
justice or disobeying the court? It becomes a he-said-she-said with =20
the CBP agent, your word against his.
--
Ivan Krsti=C4=87 <krstic@solarsail.hcs.harvard.edu> | http://radian.org
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