From: m5@vail.tivoli.com (Mike McNally)
Date: Mon, 14 Jun 93 11:22:57 PDT
To: peb@PROCASE.COM
Subject: Re: DH for email (re: email protection and privacy)
In-Reply-To: <9306141807.AA21784@banff.procase.com>
Message-ID: <9306141821.AA08042@vail.tivoli.com>
MIME-Version: 1.0
Content-Type: text/plain



peb@PROCASE.COM writes:
 > >Case 4: "I forgot."  
 > 
 > This one seems to work for U.S. presidents.

My suspicion is (gee Mike, you're right!  I *am* a lawyer!) that in
such cases the court makes a judgement as to whether a particular
claim of forgetfulness is credible.  If the information in question is
clearly critical to the life or livelihood of the person being
subpoenaed (is there a legal term for "person being subpoenaed"?), the
claim that the key has been forgotten is likely to be disbelieved.  Of
course, the court might say "Ok, gee, that's too bad.  I guess it's OK
then if we just hold these floppies under this head demagnetizer."

--
Mike McNally