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