[Cryptography] US Case: Infinite Jail Contempt for Disk Crypto, 5th Amndmnt, All Writs, FileVault, Freenet CHKs

[Jerry Leichter]

> Following is an interesting quote[1] from the Slashdot thread:
> 
>> Actually, it's reported that he claims not to know the password.
>> 
>> "...Rawls has a clean record and doesn’t know the passwords
>> prosecutors are looking for, the defense argues" (http://gizmodo.com/
>> child-porn-suspect-held-in-solitary-for-7-months-for-no-1773403443)
> 
> This could set a VERY dangerous precedent.
Why?  Because you believe the guy?

Criminals deny their guilt.  They deny knowing where the loot is stashed.  Basically ... they lie.  Courts have been making judgements of the plausibility of their statements as long as there have been courts.  Yes, he denies he knows the password.  The judge has decided, based on whatever evidence it has, to not believe him.  He may be right; he may be wrong; but it's the way the system works.  It's the way the system *has* to work.

For the most closely analogous cases, you can probably look to child custody cases, where the non-custodial parent (allegedly) has spirited the child away.  Sometimes that parent refuses to reveal where the child is; sometimes that parent claims not to know where the child is.  When the court doesn't believe them, that parent will get sent to jail until they reveal the location - which of course they may not actually know.  Judges are human; the entire legal system is ultimately based on human judgement, such as it is.  We do the best we can.
                                                        -- Jerry