From: m5@vail.tivoli.com (Mike McNally)
Date: Mon, 14 Jun 93 09:29:00 PDT
To: Mike Godwin <mnemonic@eff.org>
Subject: Re: DH for email (re: email protection and privacy)
In-Reply-To: <199306141623.AA01688@eff.org>
Message-ID: <9306141627.AA07743@vail.tivoli.com>
MIME-Version: 1.0
Content-Type: text/plain



Mike Godwin writes:
 > Note that a court could cite you for contempt for not complying 
 > with a subpoena duces tecum (a subpoena requiring you to produce objects 
 > or documents) if you fail to turn over subpoenaed backups.

I understand this, but could I be cited for failure to produce
evidence not known by the court to exist?  (Clearly, I could be so
cited if the evidence were ever discovered.)  Is there a process that
the court can use that says "hand over absolutely all artifacts
pertinent to the case at hand known to *you*, whether such artifacts
be known to the court or not." ?  Or is it the case that failure on my
part to offer up such evidence is inherently contemptuous?

 > To be honest, I don't think *any* security measure is adequate against a
 > government that's determined to overreach its authority and its citizens'
 > rights, but crypto comes close.

I wholeheartedly agree; I'd of course encrypt my secret backups :-)


Gee, now that I've publicized this great idea, I suppose it can never
work for me.

--
Mike McNally