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Helge Rohde
heroh at gmx.de
Thu Mar 8 17:31:07 PST 2007
On Friday 09 March 2007 00:57, Martin P. Hellwig wrote:
> Helge Rohde wrote:
> <cut>
>
> > Which is precisly why i always envyid that windoze partition encryption
> > thingy, cant remember the name now, but it provides 2 keys, one will open
> > the (actual) container and another one will open another encrypted
> > container with all legal and perfectly harmless files. That way they
> > cannot crack down on you for destruction of evidence (what second
> > password ? häh? no idea what you mean!). But afaik theres is no such
> > thing on any of the BSD systems. Which is sad, because -as you point out
> > pretty precisely - it refutes most of the points file/HD encryption could
> > be useful for - They will just order you to give them the PW as soon as
> > they find an encrypted Partition/File.
> >
> > regards,
> > Helge
>
> In most western legal systems you are not enforced to participate in
> gathering evidence against yourself. Though it could be enforced that
> you are not allowed to alter current situation which can influence
> evidence against you. In short with a warrant they may be allowed to
> search your home and take your computer as evidence but they may not
> enforce you to tell them your pass phrase, that contradicts with the
> "You have the right to remain silent" thing :-)
Yeah, i would have thought so too. But apparently they do bend their rules
when the see the need, atleast in Germany they *can* put you into jail until
you tell them the passphrase and i have heard similar from other european
countries. I believe the reasoning goes along the lines of: they have an
urgent suspicion that there is evidence against you (the encrypted
partition ), so they can put you into 'Beugehaft' (= coercive detention)
until you stop hiding the evidence and cooperate with the authorities. The
mentioned two-container system has prooven to be an effective countermeasure
(well, atleast until now).
cheers,
Helge
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