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

Yui Hirasawa yui at cock.li
Sat Apr 30 05:55:20 EDT 2016


>> 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?

Of course I believe the guy when there is no evidence at all against
him. "Innocent until proven guilty"

> based on whatever evidence it has, to not believe him.

Except that there is zero evidence of anything.

> 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

Except in this case there would be evidence that a child was missing.


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