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From: ptownson@eecs.nwu.edu (Patrick A. Townson)
Newsgroups: sci.crypt,gnu.misc.discuss,comp.org.eff.talk
Subject: Re: bizarre question...
Keywords: RSA patent rpem
Message-ID: <1991May23.032146.10692@eecs.nwu.edu>
Date: 23 May 91 03:21:46 GMT
References: <1991May16.201709.3086@msuinfo.cl.msu.edu> <1991May20.183038.9967@watson.ibm.com> <1991May23.005453.4406@decuac.dec.com>
Organization: EECS Department, Northwestern University
Lines: 25

In article <1991May23.005453.4406@decuac.dec.com> mjr@hussar.dco.dec.
com (Marcus J. Ranum) writes:

>	Can you prove that I did, in fact, encrypt my data with an RSA
> scheme, in court, without my being forced to incriminate against myself?

You would testify, alright ... the section of the Bill of Rights which
allows you to refuse to testify or incriminate yourself applies to
*CRIMINAL* matters ... not civil cases. It applies when there is a
potential loss of your freedom, i.e. a prison sentence.

In civil cases, people do not go to jail. You'd be sued in a civil
action, not a criminal action ... and you would give a deposition when
requested, or possibly be held in contempt for refusing to do so.

> Can you prove it to a jury of ignorami?

I wouldn't have to. Again, in a civil case, BOTH SIDES have to agree
on having a bench trial or jury trial ... I'd insist on having the
judge decide the matter.  Really, criminal trials are not the way to
go. When possible, deal with these things in a civil trial for the
best results.


Patrick Townson