Scientology/Wollersheim as test case for key disclosure

17 Dec 2003

      -----BEGIN PGP SIGNED MESSAGE-----

Andrew Loewenstern writes:
...
...
Modemac writes:
 Mr. Wollersheim has stated that he will go to jail before he reveals
 his encryption key.
[...snip...]
 Call this one: BIG WIN FOR PGP!
Could this be it?  The test case for forced key disclosure?  The  
Scientologists seem very determined and already have a grudge against  
Wollersheim (according to a web page I saw Co$ owes him several million from  
a settlement).  Has Co$ filed against Wollersheim over this yet?
If this does go to court and forcing Wollersheim to reveal the key becomes a  
central issue, is this the test case "we" want?  Is this a "BIG WIN FOR PGP!"  
or not?
Well, since it's (apparently) a civil case against Wollersheim, the 
potential Fifth Amendment self-incrimination issues may be murkier, so 
this may not be a good test case for the criminal context. In federal civil
trials, material reasonably likely to lead to the discovery of admissible
evidence is discoverable unless there's an applicable privilege - this
means that in a civil case, a defendant may be forced to hand over material
likely to expose them to liabilty. (The Fifth Amendment privilege against
criminal self-incrimination still applies).

I'm not sure that key disclosure will even be necessary - the Church
(or whatever annoying tentacle of it is suing Wollersheim) is entitled
to, for example, "a copy of . . . all documents, data compilations, and
tangible things in the possession, custody, or control of the party
that are relevant to disputed facts alleged with particularity in 
the pleadings" (Fed. R. Civ. P. 26(a)(1)(B)). I don't see why
Wollersheim couldn't comply with the discovery rules by providing 
plaintext copies of all relevant information, unless for some reason
the passphrase is itself relevant.

Scientology/Wollersheim as test case for key disclosure

Greg Broiles