Scientology/Wollersheim as test case for key disclosure

Michael Froomkin mfroomki at umiami.ir.miami.edu
Sat Sep 9 07:08:41 PDT 1995


On Sat, 9 Sep 1995, Greg Broiles wrote:

> 
> 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.
> 
Ah.  but if there is no plaintext, the question is whether you comply 
with the rule by providing the encrypted text rather than plaintext.  I 
would say you have to provide the plaintext in the absence of a legitimate 
privilege claim, but I don't recall a case to this effect (there is 
precedent for requiring translation of foreign language documents when 
the request is covered by an evidence conention; I don't recall if there 
are any such cases that fall purely under domestic US rules).  Anyone have 
chapter and verse?


A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
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