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Criminal contempt would have to be proven beyond a reasonable doubt, and the elements of proving the defendant's failure to provide the encryption key would inc
by jpol 15y ago
Criminal contempt would have to be proven beyond a reasonable doubt, and the elements of proving the defendant's failure to provide the encryption key would include (1) showing that the key exists and (2) showing that they key is in the defendant's possession.
- IgorPartola 15y agoOne example would be a witness sees you enter your passphrase and unlock your system, no?
- gte910h 15y agoYou mean a witness testifies they saw you unlock a system that looks a bit like the one they are seeing in front of them at trial? Witness testimony is incredibly unreliable in practice, but courts LOVE that crap. So someone basically could get locked away in contempt forever because someone thinks they saw you unlock a system you can't actually unlock...