There is a significant difference between smart and
honest.  This method allows for blackmail to release
the encryption keys -- "We can't allow this to be
released until you prove that it is not Bad data, so
cough up the Keys to the Kingdom or we keep the
hardware." -- this method is especially helpful when
you don't have a good enough case for the punishment
to be "sufficient" and you need the extra fine of
harware and loss of income.

PHM
--- "Major Variola (ret)" <[EMAIL PROTECTED]> wrote:
> 
> From http://cryptome.org/usa-v-rtf-swa.htm
> 
> iii. Any data that is encrypted and unreadable will
> not be returned
> unless law enforcement personnel have determined
> that the data is
> not      (1) an instrumentality of the offense, (2)
> a fruit of the
> criminal activity, (3) contraband, (4) otherwise
> unlawfully possessed,
> or (5)
>      evidence of the offense specified above.
> 
> 1) Why do this when they can copy the data?
> 
> 2) How the *hell* do you "return" data?   Data can
> be copied or erased.
> Only physical assets can be returned.
> 
> Are all the *smart* feds chasing arabs?



=====
Paul H. Merrill, MCNE, MCSE+I, CISSP
* [EMAIL PROTECTED]
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