[12638] in Commercialization & Privatization of the Internet
Re: Gov demanding PGP key.
daemon@ATHENA.MIT.EDU (Barry Shein)
Wed May 25 01:24:32 1994
Date: Tue, 24 May 1994 18:32:17 -0400
From: bzs@world.std.com (Barry Shein)
To: willis@cs.tamu.edu
Cc: bruce@phantom.com, kadie@eff.org, eff-mail-com-priv@eff.org
In-Reply-To: <199405241442.JAA04684@neuron.cs.tamu.edu> (message from Willis Marti on Tue, 24 May 1994 09:42:34 -0500)
>>| >there was a case of a child molester who had encrypted a file (called,
>>| >ominously, "diary") with PGP and they (da gummint) were trying to get
>>| >the encryption code he used for that particular document.
>>| [...]
>>The proper way to handle this is with a subponea. And if the alledged
>>child molester refuses to comply then he can sit in jail until he does,
>>just like any other subponea.
>
>What ever happened to the 4th amendment? How can you advocate someone being
>imprisoned (for not responding to a subponea, constitutional or not) without
>bail or without even being convicted of a crime?
OK WAIT A MINUTE.
As I understood the news report the guy *is* sitting in prison and
either has been convicted of a crime or is likely to without this
information.
The only reason they knew there was an encrypted file called "diary"
on his system was because they already grabbed the system by
warrant/subpoena or whatever based on other evidence. They just also
wanted the contents of that particular file. But it wasn't the only
evidence, it came up after they'd arrested him.
I assume they want the info to see if they can track down other
victims. But if they already have him on a conviction without that
info I'd call that probable cause to investigate further.
-Barry Shein
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