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

Joshua Engelman manusdaus42 at yahoo.com
Mon Feb 27 06:56:26 EST 2012


"James A. Donald"<jamesd at echeque.com>  writes:

>> Hidden compartment? What hidden compartment? If I have one, you are welcome
>> to search it. Go knock yourselves out.

On 2012-02-27 1:30 PM, Peter Gutmann wrote:
> James, meet Bertha.  Sorry about her cold hands, just give her a minute to get
> the gloves on.  In the meantime if you'll drop your trousers...

James A. Donald wrote:
>>Yes, they can make me miss my flight, vandalize my luggage, and all that, but they cannot make me reveal that my truecrypt drive >>has a hidden inner volume.

There's a fundamental legal difference.  It's called the administrative search exemption.  Basically, the way the TSA can do such things is that they do it to everyone, and you are told beforehand that you will be subjected to such procedures.  If such a search is applied only to some, it would be a violation of the fourth amendment.  Similarly, secondary screening such as the unpleasantness you described is still illegal unless we get into Clear and Present territory.

Josh E
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