[12664] in Commercialization & Privatization of the Internet
Re: Gov demanding PGP key.
daemon@ATHENA.MIT.EDU (Peggy Renard Mattair)
Wed May 25 22:06:28 1994
From: Peggy Renard Mattair <pmattair@tenet.edu>
To: bzs@world.std.com (Barry Shein)
Date: Wed, 25 May 1994 13:50:00 -0500 (CDT)
Cc: com-priv@psi.com
In-Reply-To: <199405250203.AA08597@world.std.com> from "Barry Shein" at May 24, 94 10:03:33 pm
According to Barry Shein:
>
> I'm sure someone will correct me if I am wrong, but I believe that
> demanding access to physical keys or lock combinations has long ago
> been decided to not be a 5th amendment issue. It would seem analogous.
>
> Self-incrimination doesn't generally cover giving access to property
> that might be incriminating. That's covered by proper search warrants.
> But I wouldn't claim this is indisputable, tho it would seem analogous
> to the govt demanding you turn over the combination to a safe or
> whatever which I believe they can do w/o treading on 5th amendment
> issues.
>
I think the distinction is between physical and intellectual items.
Thus, you can be compelled to hand over keys - they are physical -
or a piece of paper showing a safe combination - it also is
a physical thing. However, you cannot be compelled to tell them
the combination - this might consitute self incrimination.
In my mind, it all hinges on whether he wrote the key or passcode
down. If he did, the 5th doesn't appear to apply (whether it
should or not is a matter for better constitutional lawyers than
I). OTOH, if he didn't, the Feds shouldn't have grounds.
If I keep my bookie records in Urdu, am I in contempt if I refuse
to translate them? I think not.
---
Peggy Mattair pmattair@tenet.edu
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