[117256] in Cypherpunks
Re: ACTION ALERT: Crypto Legislation
daemon@ATHENA.MIT.EDU (William H. Geiger III)
Mon Aug 30 07:20:55 1999
Date: Mon, 30 Aug 1999 06:57:48 -0400
Message-Id: <199908301057.GAA20465@domains.invweb.net>
From: "William H. Geiger III" <whgiii@openpgp.net>
To: Multiple recipients of list <cypherpunks@openpgp.net>
Reply-To: "William H. Geiger III" <whgiii@openpgp.net>
In <Pine.LNX.4.10.9908291418390.22712-100000@spitfire.law.miami.edu>, on
08/29/99
at 02:21 PM, "Michael Froomkin - U.Miami School of Law"
<froomkin@law.miami.edu> said:
>On Sun, 29 Aug 1999, Declan McCullagh wrote:
>> There have been some law review articles talking about this. Short answer
>> seems to be if you're requested to turn over/decrypt info in a case when
>> you're not a defendant, you gotta on pain of contempt. Defendants have 5A
>> claim.
>This is maybe is a little too short an answer. The 5th Am. applies with
>equal force whether or not you are a defendant, so long as (1) the info
>is in your control (e.g. it's really yours and not, say, a corporate
>record), and (2) it would potentially tend to incriminate you (which is
>why you have do disclose it if they give you immunity, like it or not).
>Embarrassing you, or incriminating your friends does not trigger the 5th.
You and Declan have missed my question.
While the 5th Amedment issues are good ones what I am interested in (and
what we have been debating on the ukcrypto list) where lies the burden of
proof that I have the means available to decrypt a message when ordered to
do so?
I used a very simple example on the ukcrypto list:
Attached is an encrypted message. Please prove that you do not know how to
decrypt it.
-----BEGIN PGP MESSAGE-----
Version: 2.6.3a-sha1
Comment: In GOD we trust, all others pay cash
pgAAAENqJEKwFN6MOz9zsRAOHnvAFKQAYdjucwdaGk07+/pWc0jVnFy5rpaBzrNZ
Yr4G9pXaop4sp5X8BiM3f05oEAVtR6zR
=pJBS
-----END PGP MESSAGE-----
--
---------------------------------------------------------------
William H. Geiger III http://www.openpgp.net
Geiger Consulting Cooking With Warp 4.0
Author of E-Secure - PGP Front End for MR/2 Ice
PGP & MR/2 the only way for secure e-mail.
OS/2 PGP 5.0 at: http://www.openpgp.net/pgp.html
Talk About PGP on IRC EFNet Channel: #pgp Nick: whgiii
Hi Jeff!! :)
---------------------------------------------------------------
