Re: The ugly side of using disk encryption

[John Miller <jamiller1110 () cox net>]

On Thursday 19 October 2006 14:23, Saqib Ali wrote:
> > John Ashcroft attempted to pass a law a few years ago that would have
> > made "use of encryption" a felony that could be added to any other crime
> > to get 3-5  years tacked on to the end of it.  Fortunately the bill
> > stalled and has never been brought back up.  --
>
> a little twist:
>
> how about if you are found guilty and you were using encryption to
> cover up misdeeds, tack on additional 10-15 years. DA can use that
> additional 10-15 yr as a bargaining tool to get access to encrypted
> data.

From a legal standpoint this law would be ineffective.  As everyone I am sure 
knows, the prosecution must prove the defendant guilty of a crime.  To prove 
someone guilty of using encryption to further or aid the commission of a 
crime you must prove the encrypted data had done that, requiring access to 
the unencrypted data.  The chicken or the egg?

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