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Others have correctly pointed out the threat presented by key loss. I would like to add that I don't trust the government to properly follow the law once they h
by OminousWeapons 6y ago
Others have correctly pointed out the threat presented by key loss. I would like to add that I don't trust the government to properly follow the law once they have the keys. If law enforcement, the justice department, or intelligence agencies hold the key then the only things stopping abuse are administrative controls. That's not acceptable to me as we have seen repeated bypass of administrative controls from all 3 of these groups. The only acceptable solution would be to have the data holders control the keys and process law enforcement requests for data, and then you still have to worry about key loss or theft of keys by intelligence agencies.
A far simpler solution to this problem would be to change the law to mandate disclosure of encryption keys / passwords if served with a warrant. I don't agree with this either, but at least it's more elegant than what is being proposed.
- suizi 6y agoWhat if someone throws away the keys or forgets their password?
- novok 6y agoWhat if the house with all the evidence burns down and all of it is unusable ashes?
- OminousWeapons 6y agoYou could show that they accessed a device or used a service immediately prior to being subject to litigation (through network logs for example). A judge would not believe the person didn't remember the password in this case. If they destroyed the keys after receiving a request for data then that would be destruction of evidence which is already punishable. If the data is held by a third party then the third party could perform a password reset.
- suizi 6y agoHow long does it take for cases to be brought to trial? Could you argue the stress of going through the legal system made you forget your twenty word password?