[12732] in Commercialization & Privatization of the Internet
Gov demanding PGP key
daemon@ATHENA.MIT.EDU (DAN L. BURK)
Fri May 27 10:51:42 1994
Date: 26 May 94 18:31:00 EST
From: "DAN L. BURK" <DBURK@gmuvax.gmu.edu>
To: "com-priv" <com-priv@psi.com>
Peggy Renard Mattair writes:
> 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.
I like this analysis -- I don't know if a court would buy it, but it
appeals to me. It's intellectually very neat.
Unfortunately, the law often isn't intellectually very neat.
> If I keep my bookie records in Urdu, am I in contempt if I refuse
> to translate them? I think not.
Talking to Mike Godwin at EFF, he suggests that the closer analogy might
be if you kept your bookmaking in Urdu and also had an Urdu dictionary. Both
could likely be compelled.
I still like your answer better, though.
Dan L. Burk
George Mason University
dburk@gmuvax.gmu.edu
