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

[Yui Hirasawa]

>>> 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.
>
> Not really.  This has been the state of affairs in the United States for
> a long time.
>
> Generally speaking incarceration to compel testimony (i.e. contempt
> sanctions) hinges on the judge's belief:

> 1. That the defendant / witness actually has the information sought.

His belief of this isn't really based on any factual evidence. What they
know is that the person was using Freenet and that his sister is
probably hates him a lot. There are many legit reasons for him using
Freenet, one would be that he had some informant who wants to protect
himself.

However the precedent I was talking about was the one that many people
on Slashdot etc. have been mentioning. Anyone could just plant an
encrypted HDD, or one filled with random bits, in the house of someone
they hate and claim that the person has CP. This would make the person
be imprisoned indefinitely with no trial, as has happened in this case.