At 7:54 PM -0800 5/20/97, Jim Choate wrote:

Forwarded message:

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Date: Thu, 15 Jul 1993 23:04:39 -0400 From: Allan Thompson <sparky12@earthlink.net> Subject: encryption laws

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Would it be possible for a court to subpeona a encrypted file or key,

and order you to tell them the key ? If you didn't would you be held in 'contempt of court' ?

If they had reasonable cause to believe you had knowledge of the key and were refusing to divulge it under direct order of the court you would be held in contempt until you were very old and gray.

Not necessarily. Mike Godwin, and others, have written about the "compelling of keys." It is by no means clear that a key can be compelled. Citing the Fifth is one approach, saying one "forgot" is another. As to being held indefinitely, imprisonment as an inducement to cooperation has limits. (I just saw a spiel by Alan Dershowitz and others on this tonight, vis-a-vis how long Susan McDougal can be imprisoned for contempt in the Whitewater investigation.) Basically, only until there is no reasonable expectation that the contempt will be satisfied (or whatever the exact term is). In practice, I think the Washington, D.C. doctor, Elizabeth X, the woman who refused to say where her children were, was held for about 2 years, and that this was the all-time record for a contempt case. She was ultimately released when the court concluded she had no intention of cooperating. --Tim May There's something wrong when I'm a felon under an increasing number of laws. Only one response to the key grabbers is warranted: "Death to Tyrants!" ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^1398269 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."

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If they had reasonable cause to believe you had knowledge of the key and were refusing to divulge it under direct order of the court you would be held in contempt until you were very old and gray.

Jim Choate CyberTects ravage@ssz.com

Two years max. A lot less time if you followed my strategy of spamming the court with daily (hourly?) screeds in which you assert in your finest Usenet flame language the fact that you will never follow the judge's order. DCF -----BEGIN PGP SIGNATURE----- Version: 5.0 beta Charset: noconv iQCVAwUBM4LgXoVO4r4sgSPhAQHb9wP/Z3kGQLC/vWyFqQe0hFZ/Jimh6x6pC8Ul ERRbNcK9l60G6AJhpoqEr0KNA6VubjJkCVbIxzA+xYqVK3fCt6fzXhpUCkX9XId3 QOO+z1aUPSLUSozsNrJ5KUUUq9bLA28rytFsd5TdMM7gd2GtyOnQtUozDhZ5q5JK uFjtt+DYQjw= =ycw5 -----END PGP SIGNATURE-----