[cryptography] US Appeals Court upholds right not to decrypt a drive

James A. Donald jamesd at echeque.com
Sat Feb 25 00:25:17 EST 2012

>   >  Surely the core of the ruling is that no one except the
>   >  defendant knows for sure whether the key exists, knows
>   >  whether there is an inner truecrypt volume or not.  The cross
>   >  examination of the forensics witness focused on that point.

On 2012-02-25 1:25 PM, dan at geer.org wrote:
> One must assume that this nicety does not apply to
> border crossings (Customs inspection) where access
> to anything and everything is stare decisis.

If they knew the inner drive existed, they could insist on access to it. 
  But they can only suspect.

They can have access to the drive.  They can have access to the 
encrypted drive on the unencrypted drive.  They may *speculate* that 
there is an inner encrypted drive, but the only way they can find out 
that it exists is to ask me to incriminate myself.

That the customs can have access to everything physical that crosses the 
border is stare decisis - but it is a big jump that they have access to 
your state of mind.

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