From: Jim choate <ravage@wixer.bga.com>
Date: Mon, 24 Jan 94 10:06:39 PST
To: sdw@meaddata.com (Stephen Williams)
Subject: Re: subpoenas of personal papers
In-Reply-To: <9401241657.AA13711@jungle.meaddata.com>
Message-ID: <9401241734.AA13908@wixer>
MIME-Version: 1.0
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I really doubt that a judge would accept the argument that a private key was
a statement. Their position is going to be that it is a physical entity
identical with (from the legal perspective) a personal diary. They could also
take the positiont that the key is a part of a process whereby they gain
access to your papers and hence cant be incriminating in and of itself. If
this is the position they take then the 5th does no good. If it can be showsn
that the complete range of answers to a question can't be incriminating then
you are the same creek.