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

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

peb@PROCASE.COM writes:
 > >Case 4: "I forgot."  
 > 
 > This one seems to work for U.S. presidents.

My suspicion is (gee Mike, you're right!  I *am* a lawyer!) that in
such cases the court makes a judgement as to whether a particular
claim of forgetfulness is credible.  If the information in question is
clearly critical to the life or livelihood of the person being
subpoenaed (is there a legal term for "person being subpoenaed"?), the
claim that the key has been forgotten is likely to be disbelieved.  Of
course, the court might say "Ok, gee, that's too bad.  I guess it's OK
then if we just hold these floppies under this head demagnetizer."

--
Mike McNally