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If they can, why are they requiring that someone release the decryption code? Because the government is not the all-powerful all-seeing entity people believe it is.
Actually, layered encryption already exists so anyone employing it will be able to thwart the government's efforts by simply providing decryption for the documents the user wants the gov't to see.
It is a much more complicated situation than you post suggests. Like the article suggests if I serve a search warrant for your house and all its contents in my criminal investigation are you not compelled to give up the combination to your safe? It will be interesting to see the outcome.
Very interesting fifth amendment issue and has been since it started to rear its head back in the early 1990's.
It is a much more complicated situation than you post suggests. Like the article suggests if I serve a search warrant for your house and all its contents in my criminal investigation are you not compelled to give up the combination to your safe? It will be interesting to see the outcome.
I can give you a secondary combination that only opens a portion of the safe, the part I want you to see (assuming a safe like this exists). I've complied with your request to give up my combination. If you cannot spot the mechanism protecting what I want guarded, not my problem.
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Very interesting fifth amendment issue and has been since it started to rear its head back in the early 1990's.
I can give you a secondary combination that only opens a portion of the safe, the part I want you to see (assuming a safe like this exists). I've complied with your request to give up my combination. If you cannot spot the mechanism protecting what I want guarded, not my problem.
Easy to circumvent if you're technically savvy.
You can try and play games as much as you want. Ultimately if they want the data and SCOTUS rules their way then they will get it. Unless you have time for a complete degaussing. Which opens you up to tampering and impeding charges. Just ask Martha.
You can try and play games as much as you want. Ultimately if they want the data and SCOTUS rules their way then they will get it. Unless you have time for a complete degaussing. Which opens you up to tampering and impeding charges. Just ask Martha.
How will the government know you gave them a false decryption code if they don't know the code to begin with? As long as it works and provides legitimate data, just not the information they were looking for, no court can rule against you.
It's still 5th amendment rights anyway. Failing to give information to the government is not a crime in of itself and not admissible as evidence, no matter what anyone says.
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