European Union dedicated questionnaire on the Encryption of Data • Hacker News Board

Re: European Union dedicated questionnaire on the Encryption of Data

#111

Post by Jarwain » Tue, Nov 29, 2016, 6:07 PM UTC

Nrsolis wrote: post #36

loup-vaillant wrote: post #22

Earlier quoted context omitted.

How about forcing you to type the password, behind a Mantle of Power if need be, such that they can decrypt the disk, without ever knowing the password?

The way the law works here in the USA is that anything that requires you to disclose the contents of your mind (a passphrase, an explanation of where you were, your name) cannot be compelled because the fifth amendment precludes the use of that information to convict you. Things that you ARE (such as fingerprints, DNA, hair color, photo, sample) can be compelled by a court order (e.g. a warrant) because they aren't t…

Can't the police/a warrant compel you to open a combination safe? That would be a case of you disclosing a passphrase/something in your mind, but contrary to your assertion.

Re: European Union dedicated questionnaire on the Encryption of Data

#112

Post by matthewaveryusa » Fri, Dec 02, 2016, 1:41 PM UTC

caf wrote: post #106

matthewaveryusa wrote: post #90

I think this shows the state of our intel community. They've been focused on wide-net operations. If a target is high enough of an asset, why not go the easiest route of installing booby-trapped login screens, hardware keyloggers and what not? It's the easiest and most effective way to spy on someone (I'm sure they already do this.) This is all a ploy to spy on citizens. Period.

You can probably read into this that their political masters are asking questions like "why can't you tell us who these 'lone-wolves' are before they attack?" .

That's a good point, but I don't think the tools used to aggregate and analyze all this data is sharp enough to find the needle of a lone wolf in such a large haystack that's the internet. The signal-to-noise on the internet is ridiculously low. Then again, I may be wrong.

Re: European Union dedicated questionnaire on the Encryption of Data

#113

Post by Nrsolis » Sat, Dec 10, 2016, 2:16 PM UTC

Jarwain wrote: post #111

Nrsolis wrote: post #36

Earlier quoted context omitted.

The way the law works here in the USA is that anything that requires you to disclose the contents of your mind (a passphrase, an explanation of where you were, your name) cannot be compelled because the fifth amendment precludes the use of that information to convict you. Things that you ARE (such as fingerprints, DNA, hair color, photo, sample) can be compelled by a court order (e.g. a warrant) because they aren't t…

Can't the police/a warrant compel you to open a combination safe? That would be a case of you disclosing a passphrase/something in your mind, but contrary to your assertion.

Nope.

They can certainly open the safe. They just can't compel you to TESTIFY to something.

The contents of your mind are sacrosanct. If they can compel you to divulge a combination, then they can also discern that you had access to that safe by virtue of possession of the combination. Not allowed by our laws.