Until the 5th amendment and encryption issues get worked out, these drives should delete themselves upon unauthorized access.
I've always thought about this concept and how it would be applied in practice.
TrueCrypt User Held in Contempt of Court
21–30 of 200 posts
Re: TrueCrypt User Held in Contempt of Court
#22Until the 5th amendment and encryption issues get worked out, these drives should delete themselves upon unauthorized access.
Fifth amendment and encryption issues are already worked out. Just like you can be compelled to open a safe, you can be compelled to decrypt a volume. A self-destroying drive would likely get you a conviction for obstructing justice, just like shredding the contents of a safe would.
And what happens in the xkcd-inspired future where we all have neural interfaces to storage? When the lines between what's in our heads and what's written down are sufficiently blurred, what's obstruction of justice and what's a fifth-amendment right?
Re: TrueCrypt User Held in Contempt of Court
#23The author references a previous letter that describes what he's doing in jail. Can anyone find that?
I can't find anything either, and the fact that he doesn't include that in the letter sort of implies that it's something that'd immediately lose him any sympathy or backing, doesn't it?
Sympathy for a particular individual is irrelevant here. Some rights should apply to everyone, regardless of what they are accused of. I believe that the right to encryption belongs to this domain of fundamental rights.
Re: TrueCrypt User Held in Contempt of Court
#24Earlier quoted context omitted.
"The user received a subpoena duces tecum requiring him to type the passwords or pass phrases necessary to produce the encrypted contents of drives seized 6 months earlier. The true crypt user has attempted to comply but he is still being held in contempt." Did he forget his TrueCrypt password?
Its a criminal case.,..which basically means if he judge requests a document that is encrypted on a hd than defendant cannot refuse or they are in contempt
And if the document does not in fact exist?
Re: TrueCrypt User Held in Contempt of Court
#25Until the 5th amendment and encryption issues get worked out, these drives should delete themselves upon unauthorized access.
Fifth amendment and encryption issues are already worked out. Just like you can be compelled to open a safe, you can be compelled to decrypt a volume. A self-destroying drive would likely get you a conviction for obstructing justice, just like shredding the contents of a safe would.
[deleted]
Re: TrueCrypt User Held in Contempt of Court
#26Until the 5th amendment and encryption issues get worked out, these drives should delete themselves upon unauthorized access.
Fifth amendment and encryption issues are already worked out. Just like you can be compelled to open a safe, you can be compelled to decrypt a volume. A self-destroying drive would likely get you a conviction for obstructing justice, just like shredding the contents of a safe would.
A safe is obviously a safe. It obviously contains something.
Encrypted data isn't so clear cut. It's trivial to make a datastore that has several encryption keys, so that you could give out one key, and it'd "decrypt" to some boring stuff, whilst keeping the real data, and the alternate key, secret.
It'd also be trivial to devise a decryption algorithm, and key, which "decrypts" anyones hard drive to reveal illegal images even when none are really there...
So I don't think it's a good analogy. It's quite obvious when you have successfully got into a safe, but how do you know when you have successfully decrypted something, to the real stuff that is important and being hidden in it?
Re: TrueCrypt User Held in Contempt of Court
#27Earlier quoted context omitted.
I can't find anything either, and the fact that he doesn't include that in the letter sort of implies that it's something that'd immediately lose him any sympathy or backing, doesn't it?
Sympathy for a particular individual is irrelevant here. Some rights should apply to everyone, regardless of what they are accused of. I believe that the right to encryption belongs to this domain of fundamental rights.
You are correct. That does not however change the observation that an explanation of his charges is conspicuously absent.
Re: TrueCrypt User Held in Contempt of Court
#28Until the 5th amendment and encryption issues get worked out, these drives should delete themselves upon unauthorized access.
This would require a costly hardware-based solution. If such a solution were to become popular, the law enforcement would certainly find ways to prevent it, e.g. x-ray the disks before switching power to find the crypto chip + thermite bomb.
Re: TrueCrypt User Held in Contempt of Court
#29Earlier quoted context omitted.
"The user received a subpoena duces tecum requiring him to type the passwords or pass phrases necessary to produce the encrypted contents of drives seized 6 months earlier. The true crypt user has attempted to comply but he is still being held in contempt." Did he forget his TrueCrypt password?
Its a criminal case.,..which basically means if he judge requests a document that is encrypted on a hd than defendant cannot refuse or they are in contempt
What if you forget the password?
Re: TrueCrypt User Held in Contempt of Court
#30Earlier quoted context omitted.
Fifth amendment and encryption issues are already worked out. Just like you can be compelled to open a safe, you can be compelled to decrypt a volume. A self-destroying drive would likely get you a conviction for obstructing justice, just like shredding the contents of a safe would.
And what happens in the xkcd-inspired future where we all have neural interfaces to storage? When the lines between what's in our heads and what's written down are sufficiently blurred, what's obstruction of justice and what's a fifth-amendment right?
What about the now.
What level of data protection counts as contempt or obstruction? What if I have provided the courts with all of the data, but for some reason they suspect there's more that I'm hiding? What if I honestly can not remember the password for some of my old data? Do I go to jail because my memory is gone?