Re: 5th AMENDMENT & DECRYPTION

[tcmay@netcom.com (Timothy C. May)]

> from: john.nieder@f33.n125.z1.fidonet.org

(commenting on the strategy of "taking the 5th" on the matter of
decrypting one's files)

> .   Recently this question came up in another forum on encryption & an
> "authority" on communications law claimed the probable scenario would be
> that the arresting agency would have the encrypted material decrypted by
> a competent government or academic agency & the costs of said decryption
> would eventually be recovered from the defendant through civil suits,
> presuming the defendant had sufficient assets.  It is my memory of the
> thread that he claimed this had been done in previous cases.

With strong crypto, e.g., with 300 decimal digit moduli, the "costs"
of decryption by brute force could easily exceed the GNP/GDP of the
U.S.

So taking the 5th, or claiming to have "forgotten" the key, should
work, all other things being equal. But all other things are not
equal...perhaps they eavesdropped as the private key was being typed
in (and it was stored somewhere, presumably), perhaps they "black
bagged" the house, perhaps a simple pass phrase was used in lieu of
memorizing 300 digits, and so on.

A lot of work lies ahead.


-- 
..........................................................................
Timothy C. May         | Crypto Anarchy: encryption, digital money,  
tcmay@netcom.com       | anonymous networks, digital pseudonyms, zero
408-688-5409           | knowledge, reputations, information markets, 
W.A.S.T.E.: Aptos, CA  | black markets, collapse of governments.
Higher Power: 2^756839 | Public Key: waiting for the dust to settle.