1993-12-23 - Re: It had to happen…

Header Data

From: Jim choate <ravage@wixer.bga.com>
To: bill.stewart@pleasantonca.ncr.com +1-510-484-6204)
Message Hash: 512606e4c1951963acdc94ac2635242474bb221356ff123c674ec49aaa21d083
Message ID: <9312231514.AA14009@wixer>
Reply To: <9312230948.AA25374@anchor.ho.att.com>
UTC Datetime: 1993-12-23 15:36:06 UTC
Raw Date: Thu, 23 Dec 93 07:36:06 PST

Raw message

From: Jim choate <ravage@wixer.bga.com>
Date: Thu, 23 Dec 93 07:36:06 PST
To: bill.stewart@pleasantonca.ncr.com +1-510-484-6204)
Subject: Re:  It had to happen...
In-Reply-To: <9312230948.AA25374@anchor.ho.att.com>
Message-ID: <9312231514.AA14009@wixer>
MIME-Version: 1.0
Content-Type: text/plain


>
> The cracker who's using Secure Drive could be an interesting case.
> Unfortunately, assuming that a cracker at a university is probably
> a student, he may not hve very good legal representation,
> and I'd hate to see bad precedent on "can you be forced to reveal your key"
> set because someone is not only a tresspasser but a stupid one as well.
> Do you know if the wiretapping was being done by police, or if it was
> just the university staff with ethernet sniffers?  I was interested
> by your comment that they can't prosecute the person without the data;
> while it could certainly be helpful to have, one would hope they had
> a reasonably solid case *before* they went and arrested him.....
>
> 			Thanks;  Bill
> # Bill Stewart  NCR Corp, 6870 Koll Center Parkway, Pleasanton CA, 94566
> # Voice/Beeper 510-224-7043, Phone 510-484-6204
> # email bill.stewart@pleasantonca.ncr.com billstewart@attmail.com
>

Assuming the arrest warrant was good not revealing the key to a duly
authorized court representative would be illegal (ie interfereing with a
police investigation). If the courts serve a warrant for your arrest and the
confiscation of data on your hard drive (and you refuse to turn the data over
even after talking w/ an attorney) is specificaly mentioned you are opening
yourself up for another whole world of legal hurt.

A citizen would have the legal right to refuse prior to talking w/ an
attorney but not after, at that point it becomes witholding evidence.


If the process is legal there should be no reason a citizen can refuse to
turn over his private keys (I don't believe self-incrimination holds here).






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