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How would that stop you from being required to comply with a subpoena to supply old email from sageraven.com (hypothetical)?
by gknoy 14y ago
How would that stop you from being required to comply with a subpoena to supply old email from sageraven.com (hypothetical)?
- krickle 14y agoPresumably the Fifth Amendment, which still protects one from disclosing their password unless the prosecutors have a witness who has seen illegal material on your device.
- pyre 14y agoI imagine that it's easier to fight a subpoena directed at you than it is to fight one directed at Google (for example).
- Evbn 14y agoYou may be surprised. Google has more legal resources, and less fear off illegal imprisonment. The government had wide latitude for breaking its own laws against individuals.
- pyre 14y ago1. Not all 3rd parties will have Google's level of resources. 2. Not all 3rd parties are going to care enough to do anything other than just roll over and do what that government asks of them. 3. Not all 3rd parties are Google, nor should they be. (as in Google shouldn't be 'the web')
- SageRaven 14y agoIt puts me in control of the situation. As it is, an over-zealous prosecutor can get my ISP to comply. For personal systems, I assume that it would require an outright lawsuit/prosecution to force my hand to do anything. With competent representation, I assume it would need to be serious business and not a fishing expedition for them to get my email (should I comply at all). And remember, passwords for crypto are still pretty much untested in (US) court. So far as I know, I currently cannot be forced to provide decryption passwords/keys for a court. Contempt might still be an issue, but that's another problem entirely.