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Re: Tor operator raided in Finland

On 28.01.2008 at 20:10 Matthew MacGregor wrote:

I have no knowledge of the fact, but is there not some provision in the laws of any countries with these crypto laws to deal with the, "I forgot" defense. Because I can see every single person being asked for their passphrase to use this defense. Hell, I know I would...

Well, the British government passed a law last year threatening 5 years of jail if you do not disclose your keys/passphrases to unlock these [0]. One could argue that by "forgetting" your passphrase you actually fail to disclose it. On the other hand an US court recently ruled that your password acually is protected by the 5th amendment [1], but I believe the US govt is challenging this decision. Anyways -- if you decide to "forget" your passphrase, I'd guess that you're at least in danger of being held in contempt of court (but IANAL, obviously).



[0] http://www.heise-security.co.uk/news/96850
[1] http://yro.slashdot.org/article.pl?sid=07/12/15/1459243

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