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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