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Re: Peter Swire: No, You Can't Search My Laptop
From: David Farber <dave () farber net>
Date: Sat, 2 Aug 2008 09:48:01 -0700


________________________________________
From: Jeff Nye [jpn213 () gmail com]
Sent: Saturday, August 02, 2008 9:41 AM
To: David Farber
Subject: FIXED TYPO Re: [IP] Peter Swire: No, You Can't Search My Laptop

In his testimony, Prof. Swire writes:

"... individuals are told, in addition, that they have to provide the
government their passwords and
encryption keys in order for the government to able to read the files
in the computer. Failure to
cooperate, travelers are told, is a basis for denying entry into the
United States. "


(1)  Would some intrepid American be willing to test this in the
spirit of John Gilmore?  It could provide a test case for the courts.

(2)  It's easy to create a situation where a traveler doesn't know
encryption keys.  Example:  Instruct a trusted assistant to (a)
generate  keys, (b) use them to encrypt your laptop, and (c) divulge
the keys only when you contact him from your destination.  What
happens when you try to enter the United States with your laptop?

(3)  If your laptop contains evidence that you have committed some
small crime (for example, speeding), what happens if you invoke the
Fifth Amendment when asked for your keys?



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