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From: gnu@hoptoad.uucp (John Gilmore)
Newsgroups: comp.org.eff.talk
Subject: Encrypting your data to keep it private
Message-ID: <14474@hoptoad.uucp>
Date: 2 Jan 91 03:26:39 GMT
References: <1990Dec9.155404.4847@eff.org> <1990Dec11.164524.1860@digibd.com> <5081@trantor.harris-atd.com>
Organization: Cygnus Support, Palo Alto
Lines: 26

hnewstro@x102c.harris-atd.com (Harvey Newstrom) wrote:
> What about keeping data encrypted with a secret password?  It seems like
> one could ``take the fifth'' and refuse to divulge the password on the
> grounds that it might incriminate.

This is OK as long as you really know your rights.  One person who is currently
under indictment had some data encrypted on his (searched and seized) machine.
Under interrogation, they threatened to charge him with espionage unless he
revealed the key.  He broke down and revealed it.

The charge of espionage would be pure fabrication, of course, but so are
two thirds of the charges in all the indictments I have ever seen.  They are
thrown in as a legal maneuver, to scare you into admitting guilt (whether or
not you are guilty) so they don't have to spend a lot of time actually proving
that you broke some small law.

So, if you encrypt information to hide it this way, stiffen your
backbone NOW and resolve to tell them to go to hell no matter what they
threaten.  It's still 100% legal to use encryption in this "free"
country.  I encourage you to use it often to protect your privacy.
(PS: don't use the Unix "crypt" command though - even I can break it.
Use DES, or Khufu, or RSA, or one of the other cryptosystems that are
not publicly known to be breakable.)
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.