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Indefinite prison for suspect who won’t decrypt hard drives, US government says

arstechnica.co.uk

131–140 of 224 posts

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#131

Apart from the obvious assault on the presumption of innocence here, is there a cryptographic file-system that stores a secret X and Y that given a key k_x would decrypt the content X and given k_y would decrypt the content Y without revealing to an attacker that there are multiple contents? If yes, than one could store a real secret X and store a false secret Y, something that looks like a secret enough to be percei…

Yes, this was a feature of Truecrypt, though I'm not familiar with the underlying crypto.

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#132

Earlier quoted context omitted.

That's not what happened here. Read the DOJ's filing. * The accused admitted to knowing the password and refused to provide it, on the auspices of not wanting investigators snooping through his files. Only later did they claim to have "forgotten" it. * Prosecutors entered into evidence multiple factual claims establishing that the accused knew the password; for instance: years of eyewitness testimony demonstrating th…

Also, he showed his own family child porn, and they have actually found searches for child porn in a VM on the computer. >Whenever you get to an alarming conclusion like "this means forgetting the password to your laptop means life in prison", chances are, you've missed relevant details. Unfortunately responses like the parent comment are predictable on HN. There is the constant narrative that the government is out t…

Then he should be sentenced on the other evidence anyway. The failure to provide additional incriminating evidence could be used as an aggravating circumstance in the ruling, not as a separate crime with infinite detainment.

(edit: replaced punishment with detainment, it's probably more neutral)

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#133
post #132

Earlier quoted context omitted.

Also, he showed his own family child porn, and they have actually found searches for child porn in a VM on the computer. >Whenever you get to an alarming conclusion like "this means forgetting the password to your laptop means life in prison", chances are, you've missed relevant details. Unfortunately responses like the parent comment are predictable on HN. There is the constant narrative that the government is out t…

Then he should be sentenced on the other evidence anyway. The failure to provide additional incriminating evidence could be used as an aggravating circumstance in the ruling, not as a separate crime with infinite detainment. (edit: replaced punishment with detainment, it's probably more neutral)

For the punishment to be infinite, wouldn't the courts at every level up to SCOTUS would have to agree to its reasonableness?

(Subtextually, I'm saying: the punishment isn't infinite.)

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#134

Apart from the obvious assault on the presumption of innocence here, is there a cryptographic file-system that stores a secret X and Y that given a key k_x would decrypt the content X and given k_y would decrypt the content Y without revealing to an attacker that there are multiple contents? If yes, than one could store a real secret X and store a false secret Y, something that looks like a secret enough to be percei…

TrueCrypt has a feature like this. Not sure if its efficacy but the idea is that you have a password that decrypts to one thing and password that decrypts to another, I believe?

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#135
post #36
post #31

"USA land of the free..." Really what happened with your country ? In EU you can't imprison someone for not decrypting hard drive if he says it can incriminate him, everyone understand this but not the biggest democracy in the world?

Neither British common law or Continental law systems have any mechanism to challenge this type or behavior. At least in the US, there's an absolute right against self-incrimination, guaranteed by the Fifth Amendment. The higher courts have been pretty clear, going all the way back to combination locks, that coercing a password would constitute requiring a defendant to incriminate him or herself. The actions of the j…

> or Continental law systems

Huh? What gives you that idea (at least for Germany [0], Switzerland, France(-ish), etc. it is demonstrable false)?

Even the European Court of Human Rights holds that you have the right to remain silent despite there not being a article specifying this as such.

[0] And it does indeed extend to passwords here

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#136
post #132

Earlier quoted context omitted.

Also, he showed his own family child porn, and they have actually found searches for child porn in a VM on the computer. >Whenever you get to an alarming conclusion like "this means forgetting the password to your laptop means life in prison", chances are, you've missed relevant details. Unfortunately responses like the parent comment are predictable on HN. There is the constant narrative that the government is out t…

Then he should be sentenced on the other evidence anyway. The failure to provide additional incriminating evidence could be used as an aggravating circumstance in the ruling, not as a separate crime with infinite detainment. (edit: replaced punishment with detainment, it's probably more neutral)

It's not a punishment. It's being held in contempt of court for refusing to obey a court order. He holds the keys to his own freedom; he has to provide the password.

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#137

Earlier quoted context omitted.

That would be a good hypothesis if politicians wouldn't be constantly being caught lying, cheating and breaking promises, starting wars or saving bankrupt industries with people's money. But since they do that, with little consequences, the theory that they are actually good at getting what they want without paying the cost we would pay for something far smaller seems more likely.

Being a terrible person isn't against the law.

[deleted]

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#138

Apart from the obvious assault on the presumption of innocence here, is there a cryptographic file-system that stores a secret X and Y that given a key k_x would decrypt the content X and given k_y would decrypt the content Y without revealing to an attacker that there are multiple contents? If yes, than one could store a real secret X and store a false secret Y, something that looks like a secret enough to be percei…

This is known as deniable encryption.

https://en.wikipedia.org/wiki/Deniable_encryption

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#139
post #132

Earlier quoted context omitted.

Then he should be sentenced on the other evidence anyway. The failure to provide additional incriminating evidence could be used as an aggravating circumstance in the ruling, not as a separate crime with infinite detainment. (edit: replaced punishment with detainment, it's probably more neutral)

It's not a punishment. It's being held in contempt of court for refusing to obey a court order. He holds the keys to his own freedom; he has to provide the password.

Detention is punishment for the offense of contempt.

Re: Indefinite prison for suspect who won’t decrypt hard drives, US government says

#140
post #41
post #8

Earlier quoted context omitted.

>Investigators say they know child porn is on the drives. His sister saw some of it and the suspect is said to have shown his family an illicit video, too. So that's their basis for this "foregone conclusion" apparently. That at one point in time it was witnessed. That is very dangerous logic. The sadest thing in this is that it took child pornography to make the headlines, not political activism or journalism but th…

It's also totally insignificant. He could have broadcast it all over Times Square. That in no way waives his right against self-incrimination under the Fifth Amendment. Also, every prosecutor in history has thought their entire case in chief was a "foregone conclusion." That's totally irrelevant.

Upvote upvote upvote. This is a non issue. Indefinite detention is unconstitutional I don't care what a judge says. This isn't debatable, very few things are this clear.
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