Re: DH for email (re: email protection and privacy)

[m5@vail.tivoli.com (Mike McNally)]

Mike Godwin writes:
 > Note that a court could cite you for contempt for not complying 
 > with a subpoena duces tecum (a subpoena requiring you to produce objects 
 > or documents) if you fail to turn over subpoenaed backups.

I understand this, but could I be cited for failure to produce
evidence not known by the court to exist?  (Clearly, I could be so
cited if the evidence were ever discovered.)  Is there a process that
the court can use that says "hand over absolutely all artifacts
pertinent to the case at hand known to *you*, whether such artifacts
be known to the court or not." ?  Or is it the case that failure on my
part to offer up such evidence is inherently contemptuous?

 > To be honest, I don't think *any* security measure is adequate against a
 > government that's determined to overreach its authority and its citizens'
 > rights, but crypto comes close.

I wholeheartedly agree; I'd of course encrypt my secret backups :-)


Gee, now that I've publicized this great idea, I suppose it can never
work for me.

--
Mike McNally