From: axelrod@s106.es.llnl.gov (Mike Axelrod 422-0929)
Date: Thu, 17 Jun 93 09:24:41 PDT
To: cypherpunks@toad.com
Subject: Contempt of court
Message-ID: <9306171626.AA23636@s106.es.llnl.gov>
MIME-Version: 1.0
Content-Type: text/plain


I gather that a court can order you to produce the means to decrypt cyphertext
that the court has ruled is evidence. This would imply that the giving of
the means to decrypt (which could simply be the uttering of a password) is
not considered testimony, because you cannot be forced to give testimony under
the 5th amendment. Is there a court decision on point for this issue. In another
but similar context, can a court order you to give it the combination of a
safe, that contains evidence? I suspect, if that is the case, then there is
no 5th amendment protection against being so ordered to produce the means
to decrypt messages, documents etc.