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

James A. Donald jamesd at echeque.com
Sat Feb 25 21:35:33 EST 2012


Jon Callas<jon at callas.org>  writes:
 > > I've spoken to law enforcement and border control people
 > > in a country that is not the US, who told me that yeah,
 > > they know all about TrueCrypt and their assumption is that
 > > *everyone* who has TrueCrypt has a hidden volume and if
 > > they find TrueCrypt they just get straight to getting the
 > > second password. They said, "We know about that trick, and
 > > we're not stupid."

They may assume that - but they cannot prove it.

On 2012-02-25 9:36 PM, Peter Gutmann wrote:
 > Ditto.  One other thing that you need to add, the police
 > are very, very good at getting information out of people.
 > They've been doing it with hardened criminals for decades,
 > so your average random geek is no problem.

Evidently in the case of
http://www.ca11.uscourts.gov/opinions/ops/201112268.pdf They
were totally unable to get information out of John Doe

For the entire case turned on the fact that John Doe never
admitted the existence of the hidden drive, and forensics were
entirely unable to prove the existence of the hidden drive.

Customs may have the authority to search through your stuff,
but if they cannot find what they are looking for, they have
no authority to make you tell them that it exists and where
it is.

But if you *do* tell them that it exists, then they can make
you tell them where it is.



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