Newsgroups: sci.crypt
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From: smk5@quads.uchicago.edu (Steve Kramarsky)
Subject: Re: Hard drive security for FBI targets
Message-ID: <1993Apr21.021837.13289@midway.uchicago.edu>
Keywords: cooperation
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Organization: University of Chicago
References: <C4uKKz.1G6@telebit.com> <114800@bu.edu> <Apr13.011855.69422@yuma.ACNS.ColoState.EDU>
Date: Wed, 21 Apr 1993 02:18:37 GMT
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In article <Apr13.011855.69422@yuma.ACNS.ColoState.EDU> holland@CS.ColoState.EDU (douglas craig holland) writes:
>I'm not a lawyer, so correct me if I'm wrong, but doing that could be
>considered obstruction of justice, which could land you in prison for
>quite a while.
>
>The thing that's great about the secret key is it is IDEA encrypted, so
>even if the FBI do get the key, they're SOL unless they know the magic
>word.  If they try to force you to give them your pass phrase, just say
>"Oops, I forgot."  Since the burden of proof is still on the prosecution
>in this country, if you keep your mouth shut, how can they prove that you
>didn't forget your pass phrase.
>
  OK, Doug is right, it would be obstruction of justice, blah blah blah,
BUT, saying "I forgot" is a lie, which is just as bad from a moral point
of view _IF_ you think "lawfulness" is a good in and of itself (which 
admittedly most people do not.)  But there's an even better way out of this.
PROVIDED the government is prosecuting you criminally, you can probably
plead the fifth amendmeent and thus LEGALLY avoid revealing your key.  The
government cannot demand information from a criminal defendant which "may
tend to incriminate" that defendant.  Though this has never been applied
in the cryptography context (at least as far as I can tell) it seems an
obvious application to me.  

 This may be a common suggestion in this group, but if it's not (I'm new
here) I'd love to hear what people have to say about it.  Since I don't
really read this group (and since the subject matter is more legal than
cryptoid) maybe misc.legal.computing would be an appropriate place?

  Steve.

-- 
            Steve Kramarsky, University of Chicago Law School
           steve@faerie.chi.il.us -or- smk5@quads.uchicago.edu 
     "All I did was kiss a girl." - Jake, the night before his hanging.
