3 ms·

If Cops Don't Know What You Encrypted, They Can't Make You Decrypt It

10 points by finnw 15y ago

david_shaw 15y ago
While I agree with this ruling in terms of privacy protection and right against self-incrimination, I believe that this effectively means that, for example, all TrueCrypt containers can never be forcibly decrypted. For example: if you have 13_year_old_girl.jpg.pgp, it could be reasonably argued that the content of the encrypted file is "known," and decryption can be forced. If, however, you have a TrueCrypt partition called "images," there is plausible deniability due to the very nature of a TrueCrypt container - so everything within would be considered protected. It's an interesting case, with serious ramifications - for example, if a hacker stole source code and put it in a TrueCrypt container and was subsequently raided, it would be significantly harder to prosecute without incriminating evidence.
- nextparadigms 15y ago
  I think the premise "if they have no clue what's on my HDD, then they have no right to force me to decrypt it" is a good one. Anything else is an invitation for abuse. It's the same with police car searches. You have the right to refuse a search, if they don't have probable cause, because even you might not know if there is something in there that could get you arrested. If that works for car searches, I think it should work just the same for encryption. This is a good article on it: http://www.huffingtonpost.com/scott-morgan/5-reasons-you-should-neve_b_1292554.html http://www.huffingtonpost.com/scott-morgan/5-reasons-you-sho...
DanBC 15y ago
In England we have Regulation of Investigatory Powers Act (RIPA) : (http://www.legislation.gov.uk/ukpga/2000/23/contents_ http://www.legislation.gov.uk/ukpga/2000/23/contents_ (http://en.wikipedia.org/wiki/Regulation_of_Investigatory_Powers_Act_2000 http://en.wikipedia.org/wiki/Regulation_of_Investigatory_Pow...) And does this apply to people crossing borders? (https://www.eff.org/deeplinks/2008/05/protecting-yourself-suspicionless-searches-while-t https://www.eff.org/deeplinks/2008/05/protecting-yourself-su...)

10 points by finnw 15y ago

While I agree with this ruling in terms of privacy protection and right against self-incrimination, I believe that this effectively means that, for example, all TrueCrypt containers can never be forcibly decrypted. For example: if you have 13_year_old_girl.jpg.pgp, it could be reasonably argued that the content of the encrypted file is "known," and decryption can be forced. If, however, you have a TrueCrypt partition called "images," there is plausible deniability due to the very nature of a TrueCrypt container - so everything within would be considered protected. It's an interesting case, with serious ramifications - for example, if a hacker stole source code and put it in a TrueCrypt container and was subsequently raided, it would be significantly harder to prosecute without incriminating evidence.

nextparadigms 15y ago
I think the premise "if they have no clue what's on my HDD, then they have no right to force me to decrypt it" is a good one. Anything else is an invitation for abuse. It's the same with police car searches. You have the right to refuse a search, if they don't have probable cause, because even you might not know if there is something in there that could get you arrested. If that works for car searches, I think it should work just the same for encryption. This is a good article on it: http://www.huffingtonpost.com/scott-morgan/5-reasons-you-should-neve_b_1292554.html http://www.huffingtonpost.com/scott-morgan/5-reasons-you-sho...

DanBC 15y ago

In England we have Regulation of Investigatory Powers Act (RIPA) : (http://www.legislation.gov.uk/ukpga/2000/23/contents_ http://www.legislation.gov.uk/ukpga/2000/23/contents_ (http://en.wikipedia.org/wiki/Regulation_of_Investigatory_Powers_Act_2000 http://en.wikipedia.org/wiki/Regulation_of_Investigatory_Pow...) And does this apply to people crossing borders? (https://www.eff.org/deeplinks/2008/05/protecting-yourself-suspicionless-searches-while-t https://www.eff.org/deeplinks/2008/05/protecting-yourself-su...)