Re: Prosecutor cannot compel disclosure of encryption keys?



Pubkeybreaker wrote:
(1) Keys? What keys? Those files just hold random numbers.
I use them in my research.
[...]
If I choose to pursue option (1), how can the government prove
otherwise?
They can't.

Gee, I don't know. I wouldn't count on it, personally.

First the prosecutor tells the jury how his forensic investigators
found a file "foo.asc", which has a PGP file format in it, on your
machine.
Then the prosecutors explains how they recovered audit logs showing
that you ran "gpg foo.asc" three times over the past year, but you have
never run any other command that touched "foo.asc".
Finally the prosecutor points out just how "convenient" your story is.
Somewhere in the middle of there the judge and jury are likely decide
that your story has no credibility, and draw their own conclusions.

Remember, our courts are made up of people. Those people are called
upon to make judgements about the credibility of witnesses -- and they
certainly do not need "proof". Do not taunt the court judge. She will
not look kindly upon it.
.