NY Times: Don't trust the state to respect your privacy; use encryption

Crypto-Autonomist — Mon, 07 Jan 2008 23:18:09 GMT

Adam Liptak reveals the digital privacy we can expect from the state : While "one lonely voice"

re: Court ruling protects encryption keys as a Fifth Amendment right

navaburo — Wed, 02 Jan 2008 14:28:56 GMT

First off, thanks for the posts!

While I am absolutely disgusted by the thought of child pornography, I must say I am quite pleased with this ruling, as it reinforces my right to privacy. Particularly interesting is this paragraph from the linked pdf where we see that there is a distinction between physically and mentally stored keys.

"In distinguishing testimonial from non-testimonial acts, the Supreme Court has

compared revealing the combination to a wall safe to surrendering the key to a strongbox.

See id. at 210, n. 9; see also United States v. Hubbell, 530 U.S. 27, 43 (2000). The

combination conveys the contents of one's mind; the key does not and is therefore not

testimonial.1 Doe II, 487 U.S. at 210, n. 9. A password, like a combination, is in the

suspect's mind, and is therefore testimonial and beyond the reach of the grand jury

subpoena."

Fascinating.

Thanks again,

navaburo