-- On 31 Jul 2001, at 12:22, 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. 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). ("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.
[...]
There are legitimate purposes for escrowing it on the Isle of Man over and above keeping it out of a court's hands.
And there are legitimate purposes for encrypting it and "forgetting" the key. The big difference is "I forgot the key" is pretty much immune to cross examination, whereas your " legitimate" purposes for escrowing it on the isle of man requires a complicated cover story which w ill undoubtedly fall apart. --digsig James A. Donald 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG l767+hopKaK3OhmU00x5dLsP9twS9adqsTDwX706 4GSivlIXyiUoZh4L503KHLLGtYLbjnNG8iNfZDzGr