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>If the courts find out you have the data they can demand you decrypt it, and send you to prison if you do not. If the courts decide there's anything (physical
by nobody9999 4y ago
>If the courts find out you have the data they can demand you decrypt it, and send you to prison if you do not.
If the courts decide there's anything (physical or digital) law enforcement wants/needs, you have to turn it over or face jail[0][3] and/or fines. That's nothing new. Nor is it likely to change anytime soon.
However, not being able to comply (e.g., you don't actually have such data) is a defense for contempt of court. As such, short-term retention policies and secure deletion methods would be preferred.
Perhaps also with a 'canary'[2] as well, that will delete all data if some key/setting/file isn't updated within a specific period of time. Unless one has been ordered by the court (or some law on the books to retain data), this is perfectly legal.
[0] Not prison. Contempt of court[1] means jail, not prison.
[1] https://en.wikipedia.org/wiki/Contempt_of_court#United_States https://en.wikipedia.org/wiki/Contempt_of_court#United_State...
[2] https://en.wikipedia.org/wiki/Warrant_canary https://en.wikipedia.org/wiki/Warrant_canary -- Not exactly this (as it affects the retention/deletion of personal data rather than informing others of government involvement), but a similar idea.
[3] https://www.merriam-webster.com/words-at-play/jail-vs-prison-difference https://www.merriam-webster.com/words-at-play/jail-vs-prison...
Edit: Corrected punctuation.
- bluGill 4y agoJust make sure you know how to end your canary fast without losing data. The first contact you get and thus the first you hear about something is a court order to save all relavent data.
- nobody9999 4y ago>Just make sure you know how to end your canary fast without losing data Sorry for the late reply, but the whole point is to "lose" (i.e., delete) such data if a canary expires. With a canary, no action is required to delete such data. Rather renewing such a canary stops the deletion of data.