Re: Encrypted files on computer as indication for guilt - where?

From: Martin Kahlert (mkcon_at_gmx.de)
Date: 03/22/05


Date: Tue, 22 Mar 2005 08:22:57 +0100

Hi Juuso,

On Tue, Mar 22, 2005 at 12:00:03AM +0200, Juuso Hukkanen wrote:

> Maybe this is not the same, bt link gives lots of relevant well
> presented about Dutch court practices about the potential oblication
> to decrypt.
>
> <quote>
> So, the refusal to decrypt or deliver the key might be used as
> (supporting) evidence that
> Alice did it, but only if:
> 1. there is enough other evidence against Alice that, combined with
> her refusal, allows a common-sense conclusion of guilt,
> 2. Alice has not been pressured by Polly to give the key (echoing the
> European Court, if she does not give it, she has apparently not been
> unduly pressured),
> 3. the ciphertext at stake must ‘call’ for an explanation, and
> 4. there is enough evidence that Alice is able to decrypt.
> </quote>
>
> http://rechten.uvt.nl/koops/THESIS/cryptocontroversy-ch08.PDF

Thanks to you and the other posters who helped me!

Seems that my brain gets older. I would have bet that someone - even
here - mentioned a country inside east Europe, where this is
current law.

But your reply helps a lot, too. Thanks again!

Regards
Martin.



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