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

arstechnica.co.uk

191–200 of 224 posts

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

#191
post #167

Earlier quoted context omitted.

You are making a psychological argument not a moral one. Actual evidence suggests things like violent video games actually reduce violent crime in society. So, your going to need actually evidence to support that line of thinking and I don't think it exists.

The moral argument only works if there's a real psychological component. You can't consider them in isolation. It wouldn't be morally wrong if it weren't also psychologically harmful. Can you make an argument that easily accessible kiddie porn is going to reduce child violence? Even if you could, I would hesitate to make even the fake stuff legal unless the science was very conclusive. I'd argue that with kiddie porn…

Don't move goal posts, has no effect is enough to make it harmless with that line of thinking. So, if you want to use it you need to demonstrate harm.

Sure, it's easy to make a counter argument along the lines of "Making things taboo adds to their appeal. Supervised underage drinking seems to have a long term positive impact." However, that's also meaningless unless you study the issue.

I really don't know, but I also accept I don't know.

PS: This is one of those issue people don't approach rationally. It's as if gathering evidence is already admitting you might be wrong.

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

#192

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…

> There is the constant narrative that the government is out to get us all. And historically, from Jim Crow laws, to J.E. Hoover and McCarthy, and onwards to Snowden, this is wrong, because?

>And historically, from Jim Crow laws, to J.E. Hoover and McCarthy, and onwards to Snowden, this is wrong, because?

Most of the examples you gave are historical. Regarding Snowden: has anything been used against anyone? I'm not condoning the snooping, BTW.

I think when you compare the US government to the likes of Russia and China, you'll see that the US is really not "out to get you". Certainly in this case it's pretty obvious that the govt isn't out to get an innocent person. There is a lot of strong evidence already that he has been collecting child porn. That of course doesn't mean that illegal procedures should be used to obtain more evidence, but we shouldn't get hysterical about it and say that the govt is going to use this to frame innocent people.

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

#193
post #50

Earlier quoted context omitted.

Pedophilia is a sexuality. Some people are just that way inclined. Don't confuse child abuse with sexuality the way people used to do about gays. That's extremely harmful to actual pedophiles who may have done nothing wrong. It's not even classified as a disease unless it causes problems for the person afflicted with it.

I wouldn't be so quick to claim they're doing nothing wrong. Every year, rhinos in Africa are threatened by poachers in Africa who want their horns for the black market in China. Every person who buys rhino horn in Africa, every person who is in a position to fight the unnecessary consumption of endangered animals and doesn't, is complicit in the destruction of their species. You don't get a pass because you aren't t…

Personally, I'm all for fighting pedophilia and every other form of child abuse, but this: "every person who is in a position to fight the unnecessary consumption of [your condemned choice] and doesn't, is complicit in the destruction of [whatever]" is a nasty fallacy that should be stopped on the spot every single time! Otherwise there is no limit to the liabilities under which anyone can be subdued!

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

#194

Earlier quoted context omitted.

1) Are you advancing the argument that abuse of children is an economic response to demand, and not that the perpetrator wanted to do it in the first place? 2) How does this argument explain the illegality of drawings depicting underage sex with none of the depictions being based on a real-life individual? Somewhat unrelated (I'm not trying to set up a straw man here), I believe that it's more consistent to believe t…

> Are you advancing the argument that abuse of children is an economic response to demand, and not that the perpetrator wanted to do it in the first place? There is abuse of children, then there's the act of making recordings of it for others to consume. The latter certainly functions on a demand curve, as it takes more work to produce something than it is to just do it. > How does this argument explain the illegalit…

> There is abuse of children, then there's the act of making recordings of it for others to consume. The latter certainly functions on a demand curve, as it takes more work to produce something than it is to just do it.

With the Rhino argument, the entire reason for the act occurring is economic (kill rhino, collect horn, get paid). For paedos, the act occurs because they want to do it. Being able to gain social standing or affirmation is secondary. People record child pornography for posterity without distributing it.

> There probably isn't much rationality to it. Legislation is more of a political process than a rational one.

Agreed, and that is the thesis of my argument.

> I would agree with that assessment. But there's also a shocking amount of truly, unbearably horrific content in the world. Disgust may not be the most rational basis to make something illegal on, but it's better than nothing. Laws are intended to be iterated on over time, a more nuanced view will eventually prevail, though it might take decades.

Disgust is not a reasonable basis for making something illegal. At a bare minimum, I believe that the first amendment rights of people drawing depictions of child abuse are being violated. But it's "icky" and not politically viable to defend, so nobody defends them.

> Paedophilia is not illegal. It's child abuse and possession of child pornography that's illegal. You can't convict someone of being a paedophile, there's no law against it.

Possession of something that depicts, but is not, child pornography is also illegal (and to your point, irrational to make illegal).

At the risk of losing my footing to try to make a point, I think it's somewhat similar if someone said "Being homosexual isn't illegal but engaging in any act whatsoever, whether it victimizes anyone or not, is." We've already ruled that sodomy laws violate people's constitutional rights. I'm not saying that paedophiles should have the right to express their affinity with children (they cannot consent), but removing all outlets for it smacks of trying to pray the gay away.

I think our nation would be far more sane if we decriminalized mere possession of child pornography, as disgusting as it is. I would rather have my fifth amendment right not to decrypt a drive than catch people that have not directly (and I would argue also not indirectly) harmed anyone by viewing images.

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

#195

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…

> His sister saw some of it, and the suspect is said to have shown his family an illicit video, too.

> Within the virtual machine the examiner found one image of what appeared to be a 14-year-old child wearing a bathing suit and posed in a sexually suggestive position. There were also log files that indicated that Doe had visited groups titled: “toddler_cp,” “lolicam,” “hussy,” “child models – girls,” “pedomom,” “tor- childporn,” and “pthc,” terms that are commonly used in child exploitation.

> The exam also found that Freenet, the peer-to-peer file sharing program used by Doe to obtain child pornography from other users, had been installed within the virtual machine. The exam showed that Doe accessed or attempted to access more than 20,000 files with file names consistent with obvious child pornography... and that he used the external hard drives seized by Delaware County detectives to access and store the images.

They have a pretty strong amount of evidence that what's in those drives will be CP.

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

#196

Earlier quoted context omitted.

Why? He's in possession of data deemed contraband, but apparently not linked to distribution. The police need to demonstrate possession and can do so when their search is complete. The police did an investigation, obtained a warrant to search for the contraband and seized the hard drive. The defendant was ordered by the judge to decrypt the drive per the warrant, and refused to follow the order. He's in contempt of c…

Because we have the 5th amendment. nor shall be compelled in any criminal case to be a witness against himself As I understand it, Miranda established that the 5th amendment applies to all interactions with law enforcement, not just answering questions in court. So they can search the hard drive all they want, but the constitution protects us from being required to disclose what's in our heads which, in this case, sh…

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

#198
post #191

Earlier quoted context omitted.

The moral argument only works if there's a real psychological component. You can't consider them in isolation. It wouldn't be morally wrong if it weren't also psychologically harmful. Can you make an argument that easily accessible kiddie porn is going to reduce child violence? Even if you could, I would hesitate to make even the fake stuff legal unless the science was very conclusive. I'd argue that with kiddie porn…

Don't move goal posts, has no effect is enough to make it harmless with that line of thinking. So, if you want to use it you need to demonstrate harm. Sure, it's easy to make a counter argument along the lines of "Making things taboo adds to their appeal. Supervised underage drinking seems to have a long term positive impact." However, that's also meaningless unless you study the issue. I really don't know, but I als…

> So, if you want to use it you need to demonstrate harm.

That's a false dichotomy. We cannot have perfect knowledge about everything that could possibly help or harm society. We need to retain the ability to act in its absence.

> I really don't know, but I also accept I don't know.

Not all things should be treated this way, but in the case of kiddie porn, I'd argue that defaulting to the stance that all conduct in this space being morally wrong, perhaps even criminal, is justified.

It's tempting to want an ideological framework that preserves sanctity of thought so that we don't have to consider that we, ourselves might be morally wrong on occasion, but the world doesn't work that way. The mere fact that millions of people want something is enough to create a market in violence and suffering. Whether it's children, rhinos, or slaves. (I use market in a non-economic sense here, any venue for satisfying a desire is a market)

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

#199

Earlier quoted context omitted.

> There is the constant narrative that the government is out to get us all. And historically, from Jim Crow laws, to J.E. Hoover and McCarthy, and onwards to Snowden, this is wrong, because?

>And historically, from Jim Crow laws, to J.E. Hoover and McCarthy, and onwards to Snowden, this is wrong, because? Most of the examples you gave are historical. Regarding Snowden: has anything been used against anyone? I'm not condoning the snooping, BTW. I think when you compare the US government to the likes of Russia and China, you'll see that the US is really not "out to get you". Certainly in this case it's pre…

> I think when you compare the US government to the likes of Russia and China, you'll see that the US is really not "out to get you".

Have you any evidence that the US Government has changed their modus operandi?

Programs like COINTELPRO weren't public knowledge until some time afterwards, ditto "rendition" of terrorism suspects for overseas torture. Snowden has demonstrated that your Government still engages in widespread illegal activity.

I'd say the only reason such abuse seem "historical" is that we're unaware of the abuses going on right now.

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

#200

I'm quite surprised that they can break Freenet but can't break FileVault (I remember reading an article about a Filevault master password that is short and brute-forceable but can't find it atm). I would have bet the other way around.

Freenet has only symbolic privacy protection for downloaders. Privacy is supposed to come from your node requesting not only blobs it is downloading for itself, but also blobs other nodes have requested from it. Unfortunately, as far as I understand, freenet's routing algorithm is such that these two classes of requests come from blatantly different statistical distributions. The further a requested blob is from a node's address the more likely it is the node is requesting the blob for itself. Another layer of protection is the blocks being encrypted, but if they are publicly published that can be changed with a bit of scraping.

What this means is that by running a single freenet node you can monitor half a hundred others. What's surprising is that it hasn't been done earlier. You don't even have to commit a crime to do it as a civilian.

This could have been avoided if freenet was hoisted on top of tor (not totally trivial because freenet runs over udp) or had an onion routing layer of its own. If the glaring privacy flaw was fixed freenet would have amazing properties which tor lacks, namely very safe and scalable (no dos unless you take down the whole of freenet) static hosting and non-realtime communication in general, and utter censorship resistance. Trying to figure out who has a blob only spreads it around more.

It's a shame the ideas behind tor and freenet haven't come together in a popular project.

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