Fwd: It's time for PGP to die.
Robert J. Hansen
rjh at sixdemonbag.org
Sun Aug 17 22:42:52 CEST 2014
> Unfortunately most of us do. Including the US, UK and the Dutch are
> aklso pushing for such laws.
Speaking only for the U.S., this is not the case.
The United States Constitution protects an individual's right not to
testify against themselves. If the production of a passphrase would
have any kind of testimonial value, then such production cannot be
ordered. The only time production of a passphrase is permitted is when
it lacks any testimonial value.
Many people look at one particular case and say, "hey, production was
required in that case, clearly the U.S. can compel you to produce!", or
"production wasn't required in that case, clearly the U.S. can't compel
you to produce!" The reality is different. You need to look at the
role the production serves. Testimonial in nature? Nope, forbidden.
Non-testimonial? Yep, permitted.
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