Re: Why did White House change its mind on crypto?

[Marc Horowitz]

Ben Laurie <[EMAIL PROTECTED]> writes:

>> Declan McCullagh wrote:
>> >                      Another answer might lie in a
>> >                      little-noticed section of the legislation the
>> >                      White House has sent to Congress. It
>> >                      says that during civil cases or criminal
>> >                      prosecutions, the Feds can use
>> >                      decrypted evidence in court without
>> >                      revealing how they descrambled it.
>> 
>> If you can not reveal how you descramble it, doesn't that mean you can't
>> be asked to show that it actually corresponds to the ciphertext?

IANAL, but the 6th amendment seems to prohibit this pretty clearly:

    6th Amendment
       In all criminal prosecutions, the accused shall enjoy the right
    to a speedy and public trial, by an impartial jury of the state
    and district wherein the crime shall have been committed, which
    district shall have been previously ascertained by law; and to be
    informed of the nature and cause of the accusation; to be
                                                        ^^^^^
    confronted with the witnesses against him; to have compulsory
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    process for obtaining witnesses in his favor; and to have the
    assistance of counsel for his defense.

I don't believe the courts will allow the government to present
evidence without giving the defense a chance to contest the means used
to obtain it.

It's scary that the White House would try to pass such legislation,
but I don't fear it being enforced.

                Marc