Re: wiki log of #dragonfly irc channel

[Erik Wikström <erik-wikstrom@xxxxxxxxx>]

On 2007-03-09 02:28, Helge Rohde wrote:
> 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). 

As long as they do not suspec you to be a terrorist I doubt that they 
can lock you up more than a month or two unless they have other evidence 
than those they suspect to be on the disk. To do otherwise would be an 
crime against the human rights

--
Erik Wikström