[Cryptography] hard to trust all those root CAs

Jerry Leichter leichter at lrw.com
Sat Jul 26 18:48:44 EDT 2014


The comment I heard on this from a very experienced, very tech-savvy lawyer was:  I would have loved to take this case back when I was a prosecutor (making it quite clear that he was sure he would win).

For an idea of the direction the law has gone on this general class of things:  Destruction of evidence has long been illegal and severely punished. At one time, it was assumed (more or less) that you were at risk once you were told you (well, a criminal act) were under investigation and reasonably knew that what you were destroying was evidence. Then the standard became broader - you needed to know little in the way of details. Today, we've got prosecutors claiming that if you knew you were destroying evidence of a criminal act, they can go after you. The courts are more or less agreeing.

The prosecutor's view will be:  *You* deliberately put yourself in a situation where to obey the law requires you to keep publishing. It's not the law's problem. You get to live with the consequences of your decisions. 

                                          -- Jerry


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