5 ms·

To counter this, you need an encryption method with these properties: - you can be banned or self-banned, irrevocably, from accessing your data; - you can pro

by fab13n 15y ago

To counter this, you need an encryption method with these properties: - you can be banned or self-banned, irrevocably, from accessing your data; - you can prove to the judge that you can't access your data; - even with full forensic copies of your disk, you can't be un-banned. You can do that by having part(s) of the key on server(s) online. Give yourself, a couple of trusted friends and optionally a script, the ability to wipe those keys: it will irrevocably seal your disk's content. Obviously, pick servers under foreign jurisdictions which dislike to collaborate. Even better, there's no proof that you're the one who destroyed the keys: you can't be charged with evidence tempering.

mahyarm 15y ago
Can someone else be charged with it? Will you have to go through a long court case with it?
SamReidHughes 15y ago
> Even better, there's no proof that you're the one who destroyed the keys: you can't be charged with evidence tempering. How much do you want to bet?
koenigdavidmj 15y ago
Maybe add a dead man switch? If you don't log on every week, then destroy the server side of the key.
- fab13n 15y ago
  That's a possibility, but the risk of having your data inadvertently destroyed is much higher. Moreover, you must trust your ability to stall inquiries for up to a week. It really depends on the relative cost of having your data destroyed vs. having your data published, but I'm sure there are cases with a dead man switch is a good compromise.
gte910h 15y ago
>Even better, there's no proof that you're the one who destroyed the keys: you can't be charged with evidence tempering. The court doesn't really work this way. Just because you cross your fingers when you do something doesn't mean you aren't going to be charged with destruction of evidence.
- roc 15y ago
  If an office had a policy of shredding old financial paperwork and that policy was faithfully followed on the day after, say, the COO was whisked away for embezzlement, would it count as evidence tampering? Or to the point: if you use a remotely-stored encrypted volume with a dead man's switch as a day-to-day security policy, would it still be trivial to charge someone for evidence tampering?
  - rosser 15y ago
    AIUI (IANAL, mind), no — or at least it's less likely. It's when you go out of you way to destroy the evidence (and can be demonstrated to have done so) that you're almost certainly facing obstruction charges. If you're just doing the same thing you do every day, it's much harder to establish the intent to destroy inculpatory evidence, which is what would trigger the obstruction charge in the first place. Second opinion?
    - nknight 15y ago
      In civil cases, once you know or have reasonable cause to suspect a court case is imminent, you're technically supposed to act to preserve evidence, and not doing so can lead to sanctions, even if the evidence was destroyed as part of routine policy. I'm less clear on how evidence tampering is dealt with in criminal law.
      - dkokelley 15y ago
        In a criminal case (and likely in the worst of criminal cases), the suspect has no idea when the FBI will come bursting through the door to arrest him/her and seize hard drives. A dead-man's switch would be impossible to prevent in this scenario (aside from never using one in the first place).
oconnore 15y ago
http://clemens.endorphin.org/TKS1-draft.pdf http://clemens.endorphin.org/TKS1-draft.pdf You can also use a scheme like this to improve your chances of making your expired key data unrecoverable to forensic techniques.

by fab13n 15y ago

mahyarm 15y ago

Can someone else be charged with it? Will you have to go through a long court case with it?

SamReidHughes 15y ago

> Even better, there's no proof that you're the one who destroyed the keys: you can't be charged with evidence tempering. How much do you want to bet?

koenigdavidmj 15y ago

Maybe add a dead man switch? If you don't log on every week, then destroy the server side of the key.

fab13n 15y ago
That's a possibility, but the risk of having your data inadvertently destroyed is much higher. Moreover, you must trust your ability to stall inquiries for up to a week. It really depends on the relative cost of having your data destroyed vs. having your data published, but I'm sure there are cases with a dead man switch is a good compromise.

gte910h 15y ago

>Even better, there's no proof that you're the one who destroyed the keys: you can't be charged with evidence tempering. The court doesn't really work this way. Just because you cross your fingers when you do something doesn't mean you aren't going to be charged with destruction of evidence.

roc 15y ago
If an office had a policy of shredding old financial paperwork and that policy was faithfully followed on the day after, say, the COO was whisked away for embezzlement, would it count as evidence tampering? Or to the point: if you use a remotely-stored encrypted volume with a dead man's switch as a day-to-day security policy, would it still be trivial to charge someone for evidence tampering?
- rosser 15y ago
  AIUI (IANAL, mind), no — or at least it's less likely. It's when you go out of you way to destroy the evidence (and can be demonstrated to have done so) that you're almost certainly facing obstruction charges. If you're just doing the same thing you do every day, it's much harder to establish the intent to destroy inculpatory evidence, which is what would trigger the obstruction charge in the first place. Second opinion?
  - nknight 15y ago
    In civil cases, once you know or have reasonable cause to suspect a court case is imminent, you're technically supposed to act to preserve evidence, and not doing so can lead to sanctions, even if the evidence was destroyed as part of routine policy. I'm less clear on how evidence tampering is dealt with in criminal law.
    - dkokelley 15y ago
      In a criminal case (and likely in the worst of criminal cases), the suspect has no idea when the FBI will come bursting through the door to arrest him/her and seize hard drives. A dead-man's switch would be impossible to prevent in this scenario (aside from never using one in the first place).

oconnore 15y ago

http://clemens.endorphin.org/TKS1-draft.pdf http://clemens.endorphin.org/TKS1-draft.pdf You can also use a scheme like this to improve your chances of making your expired key data unrecoverable to forensic techniques.