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From: ptownson@eecs.nwu.edu (Patrick A. Townson)
Subject: Re: bizarre question...
Message-ID: <1991Jun2.132911.4683@eecs.nwu.edu>
Organization: EECS Department, Northwestern University
References: <1991May23.005453.4406@decuac.dec.com> <1991May23.032146.10692@eecs.nwu.edu> <4750.28479e8e@iccgcc.decnet.ab.com>
Date: Sun, 2 Jun 1991 13:29:11 GMT

In article <4750.28479e8e@iccgcc.decnet.ab.com> herrickd@iccgcc.decnet.ab.com 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.
>                                    ^^^^^^^^

> You just said that his freedom was not at stake then said his
> freedom was at stake.  Which is it?

His feeedom would not be at state regardless of his deposition in the
civil case. In other words, he could deny the allegations against him
(and possibly have it proven otherwise), or he could admit to the
allegations against him. In either case, he would not wind up going to
jail, i.e. losing his freedom.

His REFUSAL to give deposition could be a possible cause of criminal
action against him. In civil cases, do not confuse the *nature* of
your deposition (testimony) with the fact that you gave it or did not
give it at all.


PAT