Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!milano!uudell!upurbmw.dell.com!sblair
From: sblair@upurbmw.dell.com (Steve Blair)
Newsgroups: comp.org.eff.talk
Subject: Vendor's Responsibilities on seized equipments
Keywords: what to do, authorities, etc..
Message-ID: <13899@uudell.dell.com>
Date: 7 Jan 91 15:19:38 GMT
Sender: news@uudell.dell.com
Reply-To: sblair@upurbmw.dell.com (Steve Blair)
Organization: Dell Computer Corp.
Lines: 48


After much thought of the current discussion on encrypting/
"masking" your data, and the relative legalaties/lack thereof,
I am interested to see how others feel a vendor's(s/w or h/w)
responsibilities could well be in the case of a confiscated
system would be.

Consider this:
--------------

You're doing something at your home/business/cave that is "illegal"
(in the current law enforcement modes) and the feds/local police
come and raid your place. Being a somewhat cautious person,
you've acquired/purchased the RSA(or other algorithims) encryption
schemes. As they bust down the door(not said for dramatics, but from
the unfortunate realities of several folks) you punch a key on
your keyboard, and the entire system(s) are now severely encrypted.

You're hauled off to jail, processed, fingerprinted, arraignment
bail hearing/posting of bond occurs. During this time, the law
enforcement types now have all your equipment, as you discover
upon returning home(and finding your place trashed(!!)).

The authorities spend several days trying to get into your system
to either substantiate what you've "allegedly" done. BUT, they're
having *no* luck getting into your system. They then call the
vendors(s) of all manuals/machines/cards/software found in your
system(s), and ask for their help.

What would be a vendor's responsibilities in this situation?

1) They say "we can't(and don't) know how to get into your system,
	and hang up.
2) They say that "unless you issue a court order for us to do this,
	we won't touch their system".
3) They say "sure, we'll help, but you'd better have a letter of
	immunity for us when we arrive, or we're not going to
	break into this system".
4) They say "tough luck fellow, figure it out on your own".

It's rather unclear to myself, and others what would one do
presented with the choices. Is it possible that the suspect
could/would have possible grounds to sue the vendor(s) that
cooperated in opened this system(s).

Just a new thread to add to the fire...

steve