Security Basics mailing list archives

RE: Judge orders defendant to decrypt PGP-protected laptop - CNET News


From: "Murda Mcloud" <murdamcloud () bigpond com>
Date: Thu, 5 Mar 2009 11:01:03 +1000

My understanding was that he had previously allowed access(at the border
where allegedly some pr0n was viewed) but something had changed since?
(Sounds like the border guards decided that shutting the machine down was
probably the best thing to do). Which is partly why the judge is saying that
they are allowed to gain access once more. Also, I'm not sure that the key
is incriminating evidence in and of itself. 
 Now if the guy had the key memorized and then says that he has 'forgotten'
it, there isn't really much that can be done.

What I find interesting is that these kind of cases are going to become more
and more prevalent and precedents are going to be set-rightly or wrongly
because of the strange and somewhat nebulous nature of 'data' and its
'boundaries'. A computer is not a house, no matter how much I try and push
this analogy. In the same way that my brain is not a computer.

They cannot enter
your encrypted disk without your assistance

They can if they find your key written on a post it note on your desk and
they have seized your machine as evidence. Or if they work out what your
passphrase is. 



-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com]
On Behalf Of Bill Higgins
Sent: Thursday, March 05, 2009 6:56 AM
To: Christian Campbell
Cc: security-basics () securityfocus com
Subject: RE: Judge orders defendant to decrypt PGP-protected laptop -
CNET News

IANAL


The police can enter your home without your assistance. They cannot enter
your encrypted disk without your assistance

-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com]
On Behalf Of Christian Campbell
Sent: Wednesday, March 04, 2009 12:50 PM
Cc: security-basics () securityfocus com
Subject: RE: Judge orders defendant to decrypt PGP-protected laptop -
CNET News


Would not this be covered under rights guaranteed by constitution? Or
right not to reveal incriminating evidence against self?

If that were the case, you could refuse the police to search your home,
as
you may have incriminating evidence inside. From what I understand, the
judge's viewpoint is that it's similar to a search warrant, or making
someone provide the key or combination to a safe.

Christian


Christian Campbell
Systems Engineer

Bruegger's Enterprises Inc.
Desk: 802-652-9270
Cell: 802-734-5023
Fax: 802-660-4034
Email: ccampbell at brueggers dot com

PGP Public Key available via PGP keyservers or
http://www2.brueggers.com/pgp/ccampbell.html

"Computer Science is no more about computers
than astronomy is about telescopes."
--E. Dijkstra





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