Re: US 11 Circ: 5th Am. passphrase demands

2012-02-25 Thread Heinz Diehl
On 25.02.2012, Gregor Zattler wrote: 

 obviousely not: http://www.crypto.com/blog/wiretap2010/ this
 blogpost says that the 2010 US wiretap report says there were
 zero cases where encryption blocked access for state agencies to
 interesting data.

As far as I can see, this article totally lacks any evidence of proof
for its statements...


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Re: US 11 Circ: 5th Am. passphrase demands

2012-02-25 Thread Robert J. Hansen
On 2/25/2012 3:25 AM, Heinz Diehl wrote:
 As far as I can see, this article totally lacks any evidence of proof
 for its statements...

Matt Blaze is a fairly credible blogger, and a reputable cryptographer
who's done some very good work.  He also references the United States
Judiciary's 2010 Wiretap Report and Susan Landau's _Surveillance or
Security_.  If you're looking for references to back up his factual
claims, I'd suggest starting in either of those two.

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Re: US 11 Circ: 5th Am. passphrase demands

2012-02-24 Thread vedaal
Robert J. Hansen rjh at sixdemonbag.org wrote on
Fri Feb 24 05:46:40 CET 2012 :

The court sided with the appellant, and held that he could not be
compelled to produce decrypted data for the government.

-

Thanks for the link!
(any family Judges who could quickly point you to this type of 
access, whom we also have to thank?  ;-)  ) 


That said, it's definitely good news for United
States citizens, nationals and residents who use cryptography!

-

unfortunate that this had to be a child pornography case ...

(also unfortunate that we can't convince ordinary people to protect 
their privacy by using encryption,
while the bad guys seem not only to need no convincing, they use 
the encryption so effectively that capable intelligence agencies 
can't crack it)

now if only they got a warrant to put in a keylogger before setting 
him free ...


vedaal


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Re: US 11 Circ: 5th Am. passphrase demands

2012-02-24 Thread reynt0

On Thu, 23 Feb 2012, Robert J. Hansen wrote:

The United States 11th Circuit Court of Appeals, which is one small step
away from the United States Supreme Court, has issued a decision in
connection to a grand jury's subpoena requiring the appellant to produce
unencrypted copies of six hard drives.

 . . .

The court sided with the appellant, and held that he could not be
compelled to produce decrypted data for the government.

Now, this isn't quite a black-and-white issue.

 . . .

http://www.ca11.uscourts.gov/opinions/ops/201112268.pdf


Interesting cite.  So this is what the USA Miranda warning
(You have the right to remain silent.  Whatever you say
may be used against you.) is all about.  The USA Fifth
Amendment protects the right to remain silent on a topic
(here, decryption of something), and also protects the
ideas one might state on a topic if the Government learns 
one's ideas as a result of giving one special protection

for not remaining silent (here, whatever would be found by
decryption if the Government does not independently already
know pretty much what it is).

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Re: US 11 Circ: 5th Am. passphrase demands

2012-02-24 Thread Gregor Zattler
Hi vedaal, gnupg-users,
* ved...@nym.hush.com ved...@nym.hush.com [24. Feb. 2012]:
 Robert J. Hansen rjh at sixdemonbag.org wrote on
 Fri Feb 24 05:46:40 CET 2012 :
 
The court sided with the appellant, and held that he could not be
 compelled to produce decrypted data for the government.

[...]

 unfortunate that this had to be a child pornography case ...
 
 (also unfortunate that we can't convince ordinary people to protect 
 their privacy by using encryption,
 while the bad guys seem not only to need no convincing, they use 
 the encryption so effectively that capable intelligence agencies 
 can't crack it)

obviousely not: http://www.crypto.com/blog/wiretap2010/ this
blogpost says that the 2010 US wiretap report says there were
zero cases where encryption blocked access for state agencies to
interesting data.

Ciao, Gregor
-- 
 -... --- .-. . -.. ..--.. ...-.-

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