11 ms·

There's a more elegant solution: the government should be allowed to compel you to disclose your password if probable cause exists to search your device but on

There's a more elegant solution: the government should be allowed to compel you to disclose your password if probable cause exists to search your device but only subject to an evidentiary privilege that prevents your knowledge of the correct password from itself being admitted as evidence to prosecute you.

Lawtonfogle 11y ago
And what happens if you don't know the password or have forgotten it? I have old encrypted files and lost devices that have passwords I no longer remember.
- MichaelGG 11y ago
  That's what judges are for, right? They'll review the evidence and judge if you're likely to actually have forgotten the password, or are just saying so. If you're traveling with a phone or laptop that appears to have been in-use by you, and don't know the password to it, chances are you're not being truthful. Otherwise, you'd have a plausible alibi story (I just bought this phone off Craigslist; here see the email and the ad).
venomsnake 11y ago
What happens if i keep passwords on ram only servers in Elbonia, that self destruct if code is not entered once per week?
- beeboop 11y ago
  Destruction of evidence charges? I am often surprised at how adaptive the law is for preventing loopholes like this. I would say with great confidence that this wouldn't fly.
  - venomsnake 11y ago
    How can I destroy evidence if the system was set up before being in custody? And the government preventing you from storing your data with dead man's switch is punishing a thought crime.
    - beeboop 11y ago
      I think they would argue you set up the deadman switch with the intention of destroying potentially incriminating information in the future. It's not really any different than setting a flare to burn down your office and destroy filing cabinets of evidence of tax fraud or whatever. That would definitely not fly, arson aspects aside. Just because you set it up before there was any incriminating information doesn't really matter, it is a liability you accept setting it up that it might destroy evidence you are not legally allowed to destroy.

Lawtonfogle 11y ago

And what happens if you don't know the password or have forgotten it? I have old encrypted files and lost devices that have passwords I no longer remember.

MichaelGG 11y ago
That's what judges are for, right? They'll review the evidence and judge if you're likely to actually have forgotten the password, or are just saying so. If you're traveling with a phone or laptop that appears to have been in-use by you, and don't know the password to it, chances are you're not being truthful. Otherwise, you'd have a plausible alibi story (I just bought this phone off Craigslist; here see the email and the ad).

venomsnake 11y ago

What happens if i keep passwords on ram only servers in Elbonia, that self destruct if code is not entered once per week?

beeboop 11y ago
Destruction of evidence charges? I am often surprised at how adaptive the law is for preventing loopholes like this. I would say with great confidence that this wouldn't fly.
- venomsnake 11y ago
  How can I destroy evidence if the system was set up before being in custody? And the government preventing you from storing your data with dead man's switch is punishing a thought crime.
  - beeboop 11y ago
    I think they would argue you set up the deadman switch with the intention of destroying potentially incriminating information in the future. It's not really any different than setting a flare to burn down your office and destroy filing cabinets of evidence of tax fraud or whatever. That would definitely not fly, arson aspects aside. Just because you set it up before there was any incriminating information doesn't really matter, it is a liability you accept setting it up that it might destroy evidence you are not legally allowed to destroy.