-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- .............................................................. >From the New Paradigms Project [Not Necessarily Endorsed]: Conspiracy Shopping Cart: http://a-albionic.com/shopping.htmlFrom: <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Subject: can the government require your keys? Date: Friday, January 28, 2000 5:31 PM From: "Steven M. Bellovin" <[EMAIL PROTECTED]> Something that's been debated endlessly on the net is whether or not the (U.S.) government can compel someone someone to turn over their keys. Some (including lawyers) have said yes, on the grounds that a key is non-testimonial. Others (again, including lawyers) have pointed out that a key may not be testimonial, but that a defendant's knowledge of it is, and that the key is therefore covered by the Fifth Amendment protection against self-incrimination. There's now a new wrinkle. According to an article in the NY Times CyberLaw Journal (see http://www.nytimes.com/library/tech/00/01/cyber/cyberlaw/28law.html), the issue arose during the Mitnick case. However, rather than demanding the key under penalty of a contempt citation, the prosecutors declined to turn the encrypted files over to the defense team. Although Rule 16 of the Federal Rules of Criminal Procedure require the government to turn over documents that "were obtained from or belong to the defendant", the prosecutor argued that the government didn't really possess the files, since they couldn't read them. They further claimed that the files might have illegally-obtained information or "for all we know, it could be plans to take down a computer system." The information "might be dangerous"; it was likened to a defendant asking for a coat back without the government knowing if there was a pistol in the pocket. The judge sided with the prosecutors. Unfortunately, the ruling probably can't be appealed at this point, given the plea bargain. But it will come up again; the Clinton administration is apparently planning on introducing a bill on access to keys. --Steve Bellovin Shop for Cars On-Line: http://a-albionic.com/ads/srch.html Forwarded for info and discussion from the New Paradigms Discussion List, not necessarily endorsed by: *********************************** Lloyd Miller, Research Director for A-albionic Research (POB 20273, Ferndale, MI 48220), a ruling class/conspiracy research resource for the entire political-ideological spectrum. Quarterly journal, book sales, rare/out-of-print searches, New Paradigms Discussion List, Weekly Up-date Lists & E-text Archive of research, intelligence, catalogs, & resources. To Discuss Ideas: mailto:[EMAIL PROTECTED] http://msen.com/~lloyd/ For Ordering Info & Free Catalog: mailto:[EMAIL PROTECTED] http://a-albionic.com/formaddress.html For Discussion List: mailto:[EMAIL PROTECTED] text in body: subscribe prj <[EMAIL PROTECTED]> **FREE RARE BOOK SEARCH: <[EMAIL PROTECTED]> ** Explore Our Archive: <http://a-albionic.com/a-albionic.html> Every Diet Has Failed! What Can I do? Click Below to "Ask Dr. Kathleen"! http://www.radiantdiet.com/cgi-bin/slim/deliver.cgi?ask-1364 *********************************** <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are not allowed. Substance—not soap-boxing! These are sordid matters and 'conspiracy theory'—with its many half-truths, misdirections and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
