Deniability
Robert J. Hansen
rjh at sixdemonbag.org
Tue Mar 22 20:20:59 CET 2011
On Tue, 22 Mar 2011 19:14:20 +0000, Jerome Baum <jerome at jeromebaum.com>
wrote:
> Wasn't there that case where the fact that someone (a now convicted
> child molester nonetheless, but let's ignore that fact) had some OpenPGP
> implementation on their computer was admitted into a US court and
> appeals didn't overturn that admission?
Several of them. In all cases I'm aware of, it was alleged the
individuals were using OpenPGP to conceal their activity in a crime.
Covering up a criminal offense is, itself, almost always a criminal
offense. If the government alleges, "this person used OpenPGP to cover up
the crime and make life difficult on the FBI," the government must do two
things: (a) enter into evidence the fact the accused has access to OpenPGP,
and (b) convince the jury the accused used OpenPGP in an attempt to foil a
police investigation.
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