Strong encryption

[Jordon Bedwell]

On 1/25/2011 5:22 AM, Jordon Bedwell wrote:
> */*In the Unites States you cannot be punished for refusing to hand 
> over encryption keys because you have the right to blindly deny any 
> such reasonable warrant under the 5th Amendment.*/*  This is supported 
> by the supreme court in the case: United States vs. Boucher 
> (http://en.wikipedia.org/wiki/United_States_v._Boucher).  A judge 
> cannot punish you or rule against your right to plea the 5th as there 
> is no reasonable proof that you have given the key to anybody else or 
> that the encrypted information would not further and/or aid in 
> incriminating you.  You have the right against self-incrimination and 
> you also have the right to request a grand jury be convened in the 
> case and if they fail to support you then you still use your 5th 
> Amendment right.  In the United States you truly, lawfully, 
> undoubtedly, undeniably, unrefutably, unalterably have the right to 
> remain silent.  This is a guaranteed right under the Constitution of 
> the United States unlike other countries where they are simply laws.

I figure I should elaborate this case before somebody calls it as well.  
The case was ultimately overturned and the magistrates decision 
overturned because Boucher provided some of the contents of the 
encrypted data, this immediately revoked his right to remain silent 
because he well, talked :S.  Ultimately he was not required to give the 
encryption key though, only the unencrypted version of the drive because 
he had already supplied some of the unencrypted contents.  So it's 
either full or not at all when it comes to your fifth amendment right.

*Still not a lawyer*
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