tag:blogger.com,1999:blog-21633793.post6687063645806797548..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Ghosts, Contraband and Seeking the Return of Seized PropertySusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-21633793.post-34087454040790465272012-03-21T16:51:08.783-04:002012-03-21T16:51:08.783-04:00Seems awfully odd to me that, encryption or not, t...Seems awfully odd to me that, encryption or not, the entire mediums are considered contraband instead of the relevant data. Power does what it wants, I guess.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-88528499004871476862009-06-19T17:26:56.443-04:002009-06-19T17:26:56.443-04:00I assume that the reason the defendant cannot prov...I assume that the reason the defendant cannot provide the decryption keys is because the drives contain additional incriminating evidence?<br /><br />In this case, it does not seem that the use of encryption is what is giving rise to the presumption of illegal activity -- it's the fact that this equipment was seized because it was being used for an illegal activity, one that the defendant was convicted of. It does not appear his conviction had anything to do with encryption -- it appears based on actual evidence, not the possibility of evidence.<br /><br />I guess what I'm saying is, this seems a lot different than "guilt by reason of encryption." In your example of a corporation, how do you think it would look if the corporation refused to decrypt data for the government? How is that different than Enron shredding documents? Given the facts at hand (i.e. actual conviction) I guess I don't see the big deal with requiring the government actually search the data before handing it back. This is no Steve Jackson Games, where the government is holding onto computers when there was no conviction.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-36220242327723343282009-06-17T13:51:32.552-04:002009-06-17T13:51:32.552-04:00I agree (as to being concerned that the use of enc...I agree (as to being concerned that the use of encryption can give rise to a presumption of illegal activity).<br /><br />I'm sure companies will be treated differently, at least unless they, too, are suspected of being involved in illegal activity. I guess the theory theory would be that they're presumed NOT to be involved in illegal activity . . . unless and until evidence surfaces showing that they are . . . ?????Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-1727760693165634582009-06-17T08:54:36.190-04:002009-06-17T08:54:36.190-04:00Very concerned about the fact that there seems to ...Very concerned about the fact that there seems to be a presumption that encryption means illicit behavior. I am sure most companies around the globe will be happy to hear that they are suddenly subject to this presumption or do they get an exception because they are companies and this guy was already a criminal?Weshttps://www.blogger.com/profile/17491956181416503398noreply@blogger.com