shostak
Re:EU Draft Council Declaration Against Encryption [pdf]
on Wednesday November 11, 2020 @12:32AM (#25055769)
It's the password required to decrypt the secret key that you would not need to disclose. They'll likely end up with the encrypted secret key, but no way to access it. That's because the password is something you know, and divulging it could mean self-incrimination.
Courts have ruled, for example, that the police can compel a suspect to put their face or finger up to a phone to unlock it through biometric means, but a suspect cannot be compelled to divulge their PIN. That's why using biometrics, while convenient, is a bad idea.
Re:EU Draft Council Declaration Against Encryption [pdf]
on Monday November 09, 2020 @06:03AM (#25033509)
This is incorrect. The fourth amendment gives people the absolute right against "unreasonable search and seizure". This means the police may be granted access to search someone's property by a judge, if they are suspected of a crime. It does not give the government the right to find anything, only to search. Furthermore, the fifth amendment grants people the absolute right to not incriminate themselves. So if you know something (information about where the bodies are buried, passwords for decryption of encryption keys, etc.), you have the absolute right to not divulge that knowledge. So the people here have more rights than the government when a crime is being investigated.