[lbo-talk] RE: encryption

John K. Taber jktaber at charter.net
Mon Apr 4 17:53:02 PDT 2005


"Jordan Hayes" wrote:


> But don't forget: your key can be subpoened.

I would appreciate more comment on subpoenaing one's encryption key.

At one time or another there was a lot of discussion about that on sci.crypt. On the whole, it was recognized that the key might be subpoenaed. The response was that one could argue that giving up one's key might be self-incrimination; hence one could take the fifth.

I don't think the question was resolved. Most respondents were crypto-geeks, not lawyers. By analogy to personal records, I guess that crypto keys could be subpoenaed and would have to be delivered.

Would the lawyers on this list care to comment?

John



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