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> Isn't this considered destruction of evidence and already illegal See "spoliation of evidence". Encryption provides the same recourse -- judges can hold defe
by throwawayjava 9y ago
> Isn't this considered destruction of evidence and already illegal
See "spoliation of evidence". Encryption provides the same recourse -- judges can hold defendants in contempt for not turning over their private keys.
- lsiebert 9y agoIANAL but I believe the EFF has argued about whether contempt is appropriate on several different grounds, notably the right against self incrimination in the case of a first party demand to produce a password and the protection against unreasonable search and seizure in the 4th amendement when requiring lavabit to produce their private key for all https communication. https://www.eff.org/cases/lavabit https://www.eff.org/cases/lavabit https://www.eff.org/press/archives/2011/07/08 https://www.eff.org/press/archives/2011/07/08