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TrueCrypt User Held in Contempt of Court

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Re: TrueCrypt User Held in Contempt of Court

#171

Post by fmx »

Aloisius wrote: post #34

I have encrypted files/volumes that I don't remember the password for (it has been far too long). Surely not remembering is a valid defense.

It's definitely not in Australia - and I'd be surprised if that defence worked anywhere else, either.

The law here says that you must assist the police to access data if ordered by a magistrate. The magistrate must be satisfied that you can provide that assistance, but he doesn't ask you before issuing the order - he makes the decision based on what the police tell him. Once that order is issued you commit an offence if you don't comply with it. Your reasons for not complying are irrelevant. (I'm not a laywer, etc...)

Re: TrueCrypt User Held in Contempt of Court

#172

Post by sukuriant »

itswindy wrote: post #147
maratd wrote: post #105

Earlier quoted context omitted.

Providing a password is not testimony. You're not testifying to anything.

" Providing a password is not testimony. You're not testifying to anything. " Where did you put your ex-wife's body Mr Johnson, we know you killed her? Just point at the map, you do not even have to say anything.

More like: "Give us the keys to this safe." and assuming they have a warrant, they can ask for such things.

Re: TrueCrypt User Held in Contempt of Court

#174

Post by [deleted] »

yllus wrote: post #9
CWuestefeld wrote: post #2

The 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?

[deleted]

Re: TrueCrypt User Held in Contempt of Court

#175

Post by cabalamat »

cookiecaper wrote: post #150
ChuckMcM wrote: post #79

First, there isn't enough information to know what it is this person has (or has not) done. Secondly, the fifth amendment of the US Constitution allows you to refuse to provide testimony which you feel may incriminate you. Generally encryption pass phrases do not count as testimony, the legal system treats them as keys. And that would be covered under the fourth amendment which says the government cannot compel to yo…

Assume a case like TrueCrypt's hidden volumes, where multiple keys decrypt different content. Could you use the key to decrypt the fake content, and then when asked if that key was the "real key", refuse to answer on Fifth Amendment grounds?

AIUI TrueCrypt has one hidden volume for every real volume, so it's reasonable for law enforcement to ask for the hidden volume if there's a real one. But what if there was a hard disk encryption system that allowed a large number of hidden volumes (say 1000), and a suspect provided police with keys for 5 of them -- how would the police know that there was any more? I think that this would give more effective plausible deniability.

Re: TrueCrypt User Held in Contempt of Court

#177

Post by ThaddeusQuay »

baisdl wrote: post #145
ThaddeusQuay wrote: post #104

This may be a hoax. There are only two occurrences of his name on PACER, and both are discharged bankruptcy cases. Also, the federal inmate locator ( http://www.bop.gov/iloc2/LocateInmate.jsp ) shows no one by that name.

Why would a guy facing federal charges be locked up in county jail?

He wouldn't, unless they're pulling a "Guantanamo" on his ass.

Re: TrueCrypt User Held in Contempt of Court

#178

Post by TallGuyShort »

baisdl wrote: post #145
ThaddeusQuay wrote: post #104

This may be a hoax. There are only two occurrences of his name on PACER, and both are discharged bankruptcy cases. Also, the federal inmate locator ( http://www.bop.gov/iloc2/LocateInmate.jsp ) shows no one by that name.

Why would a guy facing federal charges be locked up in county jail?

He said the federal government was paying the jail to keep him. To me that implies that it's not a federal jail. If I remember correctly, I have visited individuals held on federal charges in a county institution.

Re: TrueCrypt User Held in Contempt of Court

#179

Post by cafebabe »

sukuriant wrote: post #172
itswindy wrote: post #147

Earlier quoted context omitted.

" Providing a password is not testimony. You're not testifying to anything. " Where did you put your ex-wife's body Mr Johnson, we know you killed her? Just point at the map, you do not even have to say anything.

More like: "Give us the keys to this safe." and assuming they have a warrant, they can ask for such things.

They already have the data. You're not supposted to help them. It's up to the prosecution to build the case against you. You have the right to remain silent, even in court.

Because of the lack of detail in the case, I think the guy is in investigative custody and was asked for the key which he interpreted as the cause of his custody.

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