4 ms·

I'm not one either, but laws against self-incrimination do not mean you can withhold/destroy evidence.

by ptomato 15y ago

dvogel 15y ago
To charge someone for withholding evidence, wouldn't you have to show that they had the evidence? For example, in the case of a deleted file, you would have to show that they deleted the file after being charged. Else deleting any file ever would potentially be a crime. Now consider the case there that file is the encryption key.
gcb 15y ago
No one is withhold/destroying evidence in that case. it's there for anyone to see... encrypted. Can I go to federal prison if the police ask to me translate some paper in foreign language I happen to have in my pocket and i refuse/don't know the language?
- mbreese 15y ago
  No, you couldn't be compelled to translate a document in a foreign language. The police have another way to get the information - ask someone else who knows the language to do it. You would be making their job harder, but not impossible. In the case of an encryption key, you might be the only one that can assist the investigation. So you'd be hindering it. At least that's how I'd see it.
  - wtallis 15y ago
    The accused will often be the only one who knows how strong the encryption is, or how prevalent the foreign language is, so they're the only one who knows whether it is possible for the police to decrypt/translate without their cooperation. Thus, in reality, the determination of whether the accused can be compelled to provide the decryption information cannot depend on the strength of the encryption/obfuscation.
  - gcb 15y ago
    it may not even be a real language... you are distorting the point. I myself may not know how to read what is on the paper
    - mbreese 15y ago
      If it isn't a real language, that's a whole other set of circumstances. If it is a foreign language that is actively spoken, and the police have a reasonable way to get the document in question translated, you should have to help them. However, if they don't have a reasonable way and you are the only one that can help, then you could be compelled to do so. It is a question of what's reasonable.
  - JoshTriplett 15y ago
    What if the language has very few speakers left in the world, including you? If only you speak the language, could they compel you to translate it? Or if only you and one other person in the world spoke the language, and neither of you wanted to translate it?

I'm not one either, but laws against self-incrimination do not mean you can withhold/destroy evidence.

by ptomato 15y ago

I'm not one either, but laws against self-incrimination do not mean you can withhold/destroy evidence.

To charge someone for withholding evidence, wouldn't you have to show that they had the evidence? For example, in the case of a deleted file, you would have to show that they deleted the file after being charged. Else deleting any file ever would potentially be a crime. Now consider the case there that file is the encryption key.

gcb 15y ago

No one is withhold/destroying evidence in that case. it's there for anyone to see... encrypted. Can I go to federal prison if the police ask to me translate some paper in foreign language I happen to have in my pocket and i refuse/don't know the language?

mbreese 15y ago
No, you couldn't be compelled to translate a document in a foreign language. The police have another way to get the information - ask someone else who knows the language to do it. You would be making their job harder, but not impossible. In the case of an encryption key, you might be the only one that can assist the investigation. So you'd be hindering it. At least that's how I'd see it.
- wtallis 15y ago
  The accused will often be the only one who knows how strong the encryption is, or how prevalent the foreign language is, so they're the only one who knows whether it is possible for the police to decrypt/translate without their cooperation. Thus, in reality, the determination of whether the accused can be compelled to provide the decryption information cannot depend on the strength of the encryption/obfuscation.
- gcb 15y ago
  it may not even be a real language... you are distorting the point. I myself may not know how to read what is on the paper
  - mbreese 15y ago
    If it isn't a real language, that's a whole other set of circumstances. If it is a foreign language that is actively spoken, and the police have a reasonable way to get the document in question translated, you should have to help them. However, if they don't have a reasonable way and you are the only one that can help, then you could be compelled to do so. It is a question of what's reasonable.
- JoshTriplett 15y ago
  What if the language has very few speakers left in the world, including you? If only you speak the language, could they compel you to translate it? Or if only you and one other person in the world spoke the language, and neither of you wanted to translate it?