From: Sten Drescher <dreschs@mpd.tandem.com>
Date: Sat, 18 Nov 1995 02:43:00 +0800
To: cypherpunks@toad.com
Subject: Re: COE Recommendation No. R (95) 13
In-Reply-To: <199511171546.KAA17869@tinman.dev.prodigy.com>
Message-ID: <199511171810.MAA09890@galil.austnsc.tandem.com>
MIME-Version: 1.0
Content-Type: text/plain


smithmi@dev.prodigy.com (Michael Smith) said:

>>> 9. Subject to legal privileges or protection, most legal systems
>>> permit investigating authorities to order persons to hand over
>>> objects under their control that are required to serve as
>>> evidence. In a parallel fashion, provisions should be made for the
>>> power to order persons to submit any specified data under their
>>> control in a computer system in the form required by the
>>> investigating authority.
>>> ________________________________________________________________________
>> Is this 'what we would want'? It clearly means that one can be
>> ordered to reveal the password to encrypted data and punished by law
>> if one refuses.

MS> Forgive me if this point has already been raised, but couldn't an
MS> objection to such laws be based on the protection against
MS> self-incrimination?

MS> Maybe this all depends on whether the legal context is a civil or a
MS> criminal proceeding. If I'm being sued and they ask me at a
MS> deposition whether I did such-and-such, I can't take the Fifth (or
MS> can I?). But if I'm accused of murder, the police can't make me tell
MS> them where I've buried the knife. However, if I have a wall safe and
MS> they get a warrant to search it, can I be jailed for contempt if I
MS> don't give them the combination?

	Well, IANAL, but yes, I believe that you can be.  Or, worse,
obstruction of justice.  Especially if they cut it open and find that
the knife was in the safe.

-- 
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