Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by DanBC on Thursday August 08, 2013 @07:15PM
(#6182646)
Go to prison (US: Contempt of court? UK: RIPA) unless you hand over your key.
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Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by mpyne on Thursday August 08, 2013 @08:57PM
(#6183039)
In the U.S. I believe at least one court circuit has ruled that you cannot be compelled to give up an encryption key if doing so would involve self-incrimination [1].
The 'catch' is that if the government already knows generically what incriminating data you have they can order you to produce it (as it's not any further incriminating). Or something like that? Recent decision though, so things can still change.
http://yro.slashdot.org/story/13/04/24/1458203/federal-magis...
Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by kansface on Thursday August 08, 2013 @10:21PM
(#6183309)
You don't have to give up the key, just decrypt the data upon request...
Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by mpyne on Thursday August 08, 2013 @10:32PM
(#6183356)
Unless decrypting it would force you to incriminate yourself...
Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by jacalata on Thursday August 08, 2013 @07:47PM
(#6182758)
yes, but at least you get to make that choice for yourself, rather than having somebody else get to decide 'go to prison or hand over DanBC's key?'
Re:Encrypted E-Mail Company Hushmail Spills to Feds (2007)
by joering2 on Thursday August 08, 2013 @08:54PM
(#6183027)
I was wondering, what if you are trying the key and it doesnt work... you forgot it for example. You just really cannot open it yourself! Would that be contempt of court?? How do you convince the judge...