[dave at farber.net: [IP] more on Can you be compelled to give a password? [was: Police Blotter: Laptop border searches OK'd]]

[Tyler Durden]

"Keep in mind that in the eyes of some in government, only people
with something to hide would bother using encryption in the first
place.  From that assumption flows a sea of potential abuses."

No, that's not the problem. I've got plenty to hide, and that fact is no 
one's business but my own. The 'abuse' comes from governments who believe 
its their right to unhide that which you have decided is worth hiding.

-TD



>From: Eugen Leitl <eugen at leitl.org>
>To: cypherpunks at jfet.org
>Subject: [dave at farber.net: [IP] more on  Can you be compelled to give a  
>password? [was: Police Blotter: Laptop border searches OK'd]]
>Date: Fri, 28 Jul 2006 23:04:39 +0200
>
>----- Forwarded message from David Farber <dave at farber.net> -----
>
>From: David Farber <dave at farber.net>
>Date: Fri, 28 Jul 2006 14:48:26 -0400
>To: ip at v2.listbox.com
>Subject: [IP] more on  Can you be compelled to give a password? [was: 
>Police
>  Blotter: Laptop border searches OK'd]
>X-Mailer: Apple Mail (2.752.2)
>Reply-To: dave at farber.net
>
>
>
>Begin forwarded message:
>
>From: Lauren Weinstein <lauren at vortex.com>
>Date: July 28, 2006 2:40:02 PM EDT
>To: dave at farber.net
>Cc: lauren at vortex.com
>Subject: Re: [IP] Can you be compelled to give a password? [was:
>Police Blotter: Laptop border searches OK'd]
>
>
>Dave, the trend is toward laws that penalize refusal to cooperate
>with demands for decryption keys.  This concept can work in various
>ways.  In the border case, for example, a person might be refused
>entry -- or perhaps suffer confiscation of related property in some
>cases -- if they declined to provide the keys.
>
>In the case of criminal convictions, additional sentence and fine
>penalties can be imposed for uncooperative attitudes in this regard.
>
>Keep in mind that in the eyes of some in government, only people
>with something to hide would bother using encryption in the first
>place.  From that assumption flows a sea of potential abuses.
>
>--Lauren--
>Lauren Weinstein
>lauren at vortex.com or lauren at pfir.org
>Tel: +1 (818) 225-2800
>http://www.pfir.org/lauren
>Co-Founder, PFIR
>    - People For Internet Responsibility - http://www.pfir.org
>Co-Founder, IOIC
>    - International Open Internet Coalition - http://www.ioic.net
>Moderator, PRIVACY Forum - http://www.vortex.com
>Member, ACM Committee on Computers and Public Policy
>Lauren's Blog: http://lauren.vortex.com
>DayThink: http://daythink.vortex.com
>
>   - - -
>
> >
> >
> >Begin forwarded message:
> >
> >From: "Patrick W. Gilmore" <patrick at ianai.net>
> >Date: July 28, 2006 2:11:45 PM EDT
> >To: dave at farber.net
> >Cc: "Patrick W. Gilmore" <patrick at ianai.net>
> >Subject: Can you be compelled to give a password? [was: Police
> >Blotter: Laptop border searches OK'd]
> >
> >On Jul 28, 2006, at 1:32 PM, David Farber wrote:
> >
> >>I don't believe it is a crime in any US Federal or State law, or in
> >>Canadian law, to set passwords and use encryption.  In the US, I
> >>believe that a warrant would be necessary for law enforcement to
> >>ask for your password, but I don't know if you have to comply.
> >>IANAL.
> >
> >That is a good question - Can you be compelled to give up a
> >password?  Would you mind posting it to IP, I am interested in the
> >answer.
> >
> >Seems there might be some 'self-incriminatory' arguments here.
> >Perhaps even an "unreasonable search" argument.  But IANAL.
> >
> >--
> >TTFN,
> >patrick
> >
> >
> >-------------------------------------
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>----- End forwarded message -----
>--
>Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
>______________________________________________________________
>ICBM: 48.07100, 11.36820            http://www.ativel.com
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