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> With end to end encryption, however you can show up with a warrant all you want it makes no difference because they physically cannot hand you clear-text comm
by choward 6y ago
> With end to end encryption, however you can show up with a warrant all you want it makes no difference because they physically cannot hand you clear-text communications.
Well, no. That's the issue!
They shouldn't be executing search warrant behind your back to some their party that happens to be stirring your data. They should execute the search warrant on the person who owns the data they're investigating. If they refuse to give up the data they're breaking the law.
> Same for encryption at rest. The strength of the encryption algorithms we have today makes it near impossible to recover the clear-text data.
Same for encryption at rest. We already have laws for that. Get a search warrant. If they refuse to give the data you have a warrant for they broke the law. For example, if you have something in a safe the cops won't just come into your house and crack your safe. They'll get a warrant first then in theory you'll open it for them or they'll have to crack it if you break the law and don't open it.
- nybble41 6y ago> If they refuse to give the data you have a warrant for they broke the law. Warrants aren't issued for data, they're issued for property. A warrant authorizes law enforcement to search for and/or seize evidence (i.e. physical property) without regard for the owner's property rights. The owner doesn't have to give them anything or aid the search in any way beyond simply not interfering. Standing back and leaving them to break into the safe on their own does not violate any law. You might open it anyway just to show goodwill and avoid damage to the safe, but there is no obligation to do so, and unnecessarily demonstrating that you have the ability to open the safe may, in certain situations, amount to testifying against yourself.