Encryption Passwords are not protected under the 5th

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Encryption Passwords are not protected under the 5th

Under US law you can be ordered by a judge to provide a password for a file or e-mail that is encrypted. You CAN NOT claim your 5th amendment right on this.

Here is the loophole. Although your password is not protected under the 5th amendment if your password incriminates you then it will be. If you murdered someone named “John” and your password is I-Murdered-John it would be protected under the 5th amendment.

 

[HULKSTER]

However, that doesn't affect EF email, since it is backed by the same overseas company that owns/operates hushmail.com So the matter of Jurisdiction automatically surpasses a US Judge's ability to get a password for EF encrypted email, since the email in questions is part of an overseas company.

 

[drrman]

thats what i thought too hulkster, hope we are right anyways

 

[daemon]

As far as I know this was just a rumor. I don't believe there is any case law to support this.

 

[Skepticore]

Pull a Bill Clinton: "I can't remember it."

 

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As far as I know this was just a rumor. I don't believe there is any case law to support this.

Read it last year when an appeal went to the Supreme Court. But remember when the anon server in Norway was forced to hand over all it's info when a US judge ordered it. It depends on the politics.

 

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Does anyone have the deatils about the ANON server in Norway??? How it was shoved down Norways throat to enforce a US warrant?

 

[AustinTX]

However, that doesn't affect EF email, since it is backed by the same overseas company that owns/operates hushmail.com So the matter of Jurisdiction automatically surpasses a US Judge's ability to get a password for EF encrypted email, since the email in questions is part of an overseas company.

If it's true, they're ordering YOU to provide the password, not hushmail.

Hushmail, etc. can't provide them with your password, they can only verify that what is typed in is correct or not....

 

[nice6pac]

"what password" i have no recolelction of those events i was prbably durnk i ahve a drinkgin problem prove that i don't hehe,

 

[HULKSTER]

"what password" i have no recolelction of those events i was prbably durnk i ahve a drinkgin problem prove that i don't hehe,

DAMN RIGHT!! JUST PLAY STUPID!!! Bill Clinton has taught us all what to do in these situtions!

Pres. Clinton: define the word "is" ---THAT WAS A CLASSIC!!!!

 

[daemon]

"what password" i have no recolelction of those events i was prbably durnk i ahve a drinkgin problem prove that i don't hehe,

I'm not saying that it wouldn't be a wise move but can you imagine how a judge would react to that? I'm sure they would LOVE that.

I found an interesting article talking about all the points in this thread. Specifically section 10.3.4:

http://munitions.vipul.net/documents/cyphernomicon/chapter10/10.3.html

 

[Skepticore]

When I originally wrote to say that you forgot your password, I was joking. But after giving it some thought, is this not a legitimate method? Otherwise, would you not be held in contempt for forgetting? Is "forgetting" an action for which you can be held in contempt?

Or, what if you gave them a password that didn't unlock the encryption? Could you not swear that you believe it to be the true password? What happens then?

I'm no lawyer (obviously), but it seems logical that you could never be "forced" to reveal a password.

 

[Citruscide]

Hushmail server is located in Canada... no?

C-ditty

 

[HULKSTER]

If it's true, they're ordering YOU to provide the password, not hushmail.

Hushmail, etc. can't provide them with your password, they can only verify that what is typed in is correct or not....

Yes, but isn't the passphrase/password of EF encypted email part of the OVERALL SOFTWARE PROGRAM THAT IS HUSHMAIL, of which the software originates from the hushmail.com company, located overseas and out of the judicial jurisdiction of the US? Furthermore, like others have said, you can always pull a Clinton and say "I don't remember".

Since EF mail is powered by hushmail, the US government would have about as much judicial oversight over EF email as they would regulaar hushmail.

 

[Citruscide]

Us government can't get a warrant for hushmail... hushmail's server is in Canada.

C-ditty

 

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It was FINLAND not Norway... Here is the link.. Sorry, I read it in 1996.

http://www.penet.fi/