Re: Tor operator raided in Finland

[Scott Bennett <bennett@xxxxxxxxxx>]

     On Mon, 28 Jan 2008 10:42:16 -0800 "F. Fox" <kitsune.or@xxxxxxxxx>
wrote:
>dr._no@xxxxxxx wrote:
>(snip)
>> If someone would ask me for a password, i would spam, tell wrong
>> passwords, to waste his time, which could be used to ask others for
>> passwords ;-)

     In the United States, knowingly giving false information to a federal
law enforcement officer is a felony, so as soon as they found out you had
deceived them, they would likely charge you with that crime.  Two of the
felonies with which Irving Lewis ("Scooter") Libby was charged and convicted
were such charges.  Similar laws exist in most/all states regarding false
statements made to state and local law enforcement officers.  Further, if
the statements are made in the course of a grand jury hearing, you may be
charged with another felony:  perjury.  Two of the charges against Libby
were for perjury before a grand jury.  The false statements may also result
in a charge of "obstruction of justice", the final charge made against Libby.
>(snip)
>
>If the authorities tried to get encryption passphrases out of me - and I
>didn't want them to have them - I would go for the "I forgot"
>alternative. They are pretty huge, after all.
>
>I just don't trust the state of the law, as for trying to group not
>divulging passphrases with the 5th Amendment and similar laws. There's a
>good chance, IMO, it'll end up being put with the 4th and not the 5th,
>unfortunately.

     It is clear that the Constitution and ratified amendments to it are
no longer in effect nationwide, though you may find them honored in some
courts.  Don't count on them, though.
>
>My passphrasses are humongous, so it's quite plausible that they could
>be forgotten. It's happened before...
>
     Be prepared to convince a judge or a jury that a) you really did
forget, b) that you really did misremember, and c) that those were the
reasons you gave the false information.  Or if you choose not to give
false information, start packing for a free vacation of indefinite length
at a military "resort" in Cuba.  Ready to "retire" so soon?


                                  Scott Bennett, Comm. ASMELG, CFIAG
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