Re: Computing student jailed after failing to hand over crypto keys

[Jeffrey Walton <noloader () gmail com>]

On Wed, Jul 9, 2014 at 10:03 PM, Blanchard, Michael (InfoSec)
<michael.blanchard () emc com> wrote:
> So, just for debate...
>
>   The 5th protects us from handing over passwords.  So they ask for decrypted data to be handed over.
>    Wouldn't that be a 5th amendment violation as well?
>
>   If police raid my house with a warrant, I do not have to do a thing other than let them search and find what they 
> want or not.
>    If they find a locked safe (and I know the document about where I buried jimmy hoffa is in there), do I have to 
> give them the combination?  Sounds like that would violate the 5th....  Can they force me to open the safe, thus 
> giving them the document inside?  Does THAT violate the 5th...
>   What if they have a warrant to search the inside of the safe?   Do I have to surrender the combination then?
>
>  Or do they have to attempt to open the locked safe  themselves?
>   What happens if this is "uber-defcon-safe-2000" and it absolutely cannot EVER be opened without the correct 
> combination?  What happens then when the police with the warrant cannot open it?
>    Am I in contempt of court because I won't hand over evidence that I know will incriminate me?
>
>   Thoughts?  Bonus points to those that can cite cases to backup their opinion/facts...  Double bonus if you're a 
> constitutional lawyer and answer

I've read about a few folks tossed in jail over the "provide your
password" warrant.

Here's a couple of related article:

  * "US Appeals Court Upholds Suspect's Right To Refuse Decryption",
http://beta.slashdot.org/story/165119.
  * "Constitutional Showdown Voided as Feds Decrypt Laptop",
http://www.wired.com/2012/02/decryption-flap-mooted/.

So it looks like its still up in the air.

Also see "Key disclosure laws",
https://en.wikipedia.org/wiki/Key_disclosure_law.

_______________________________________________
Fun and Misc security discussion for OT posts.
https://linuxbox.org/cgi-bin/mailman/listinfo/funsec
Note: funsec is a public and open mailing list.