DOJ jails reporter, Ashcroft allows more journalist subpoenas

[Black Unicorn]

----- Original Message -----
From: <mmotyka at lsil.com>
To: "Black Unicorn" <unicorn at schloss.li>
Cc: <cypherpunks at cyberpass.net>; <declan at well.com>
Sent: Monday, July 30, 2001 1:47 PM
Subject: Re: DOJ jails reporter, Ashcroft allows more journalist subpoenas

> Black Unicorn wrote:

> > No.  Well hidden backups would put the reporter in a position of contempt,
> > committing obstruction of justice or perjury.  Better to escrow such
documents
> > with an attorney in a jurisdiction not likely to cooperate with the United
> > States.  (I can suggest several to interested parties privately).
> >
> That is one method of "well hidden"

No, that's not hidden.

> How about placing blocks of data on a safe site? A petit Napoleon would
> be able to subpoena a plaintext copy of the data and possibly make a
> fight about getting the keys but would not be able to deprive the owner
> of the data.

Nope.

Compare:

Prosecutor:  You retained copies of this document?
Witness: Yes.
Prosecutor:  You were aware that all copies and original were subpoenaed by
the court?
Witness: Yes.
Prosecutor:  Where are these documents located?
Witness:  I won't answer that.

(Oops)

with:

Prosecutor:  You retained copies of this document?
Witness: Yes.
Prosecutor:  You were aware that all copies and original were subpoened by the
court?
Witness: Yes.
Prosecutor:  Where are these documents located?
[Witness:  I placed blocks of data on a safe site so they would be
accessible.]
[Witness:  I split a cryptographic key and spread it among my friends and
encrypted the document to it.]
[Witness:  I (insert clever but legally naive cypherpunk solution here) the
document.]

(Oops)

with:

Prosecutor:  You retained copies of this document?
Witness: No.
Prosecutor:  You have none of these documents in your possession or control?
Witness: No.
Prosecutor:  Are you aware of any other copies of this document?
Witness: Yes.
Prosecutor:  Where are they?
Witness: An attorney representing the ABC trust bought a copy of the document
before I knew about these proceedings.
Prosecutor:  Why didn't you instruct this attorney to turn over the documents?
Witness: I have here a copy of the agreement assigning all my rights to the
document over to this Isle of Man trust under control of the attorney listed
here.  I understand Simon and Schuster has expressed interest in the
manuscript but since I no longer have the power to influence the fate of the
document I cannot produce it, or I most certainly would comply with the
court's most legitimate wishes and interest in effecting justice.

> Why should an owner not be allowed to retain a copy?

Cause the court says so.

> Mike