At 12:22 PM -0700 7/31/01, Black Unicorn wrote:
Not being intimately familiar with the spec of freenet I can't really comment on that aspect or what a court will consider "impossible." What will not amuse a court is the appearance of an ex ante concealment or disclosure in anticipation of court action. If it looks like you knew it was going to be a court issue and you put it on freenet for that purpose, you're in trouble.
I think the cops will _someday_ come to rip my place apart. So? Show me exactly which law I am breaking by placing some of my documents or files in a place even I cannot "turn over all copies from." I have never heard of such a law. You talk a lot about "courts not being amused" but I can find no evidence that such laws exist. Nor can I find any case where a Mafia don was prosecuted for "spoliating" a future prosecution by whispering. Do you have such examples? And an appeals court assessment of the examples?
Not only that but if you encrypt the stuff and it doesn't appear to be recoverable it almost sounds tantamount to destruction of evidence or spoliation (much more serious).
Cites? Remember, the hypo involves placing material in irrecoverable forms prior to any actual court case. ("The intentional destruction of evidence...
The destruction, or the significant and meaningful alteration of a document or instrument...") I've never seen a case play out like that but I would certainly make the argument as a prosecutor. Encrypting the stuff sure _looks_ like spoliation, particularly if it seemed likely that the evidence would be the subject of a judicial action. "Knew or should have known" will likely be the standard with respect to the stuff being the subject of judicial action and they can use actions to demonstrate intent.
And I think you're way off-base. "Known or should have known" that I, for example, will eventually be raided by the TP means that it is a crime for me to place files beyond the reach of those same TP? I know you believe yourself to be a Real Lawyer. I cheerfully admit that IANAL. But I say you are full of it. --Tim May -- Timothy C. May tcmay@got.net Corralitos, California Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns