FlyerTalk Forums - View Single Post - CBP can check hardrives...maybe

Feb 3, 2008 | 10:14 am

#12

ClueByFour

Join Date: Jul 2000

Location: Commuting around the mid-atlantic and rust-belt on any number of RJs

Programs: TSA Random Selectee Platinum, * Gold, SPG/HH/MR mid-tier, and a tiny bag of pretzels.

Posts: 9,255

Quote:

Originally Posted by Superguy

I wouldn't trust hushmail so much. They seem willing to give over data with a court order:

http://www.theregister.co.uk/2007/11...shmail_update/

PGP would be a better option.

Fair enough. I'm simply saying that if you don't have the keyfile on you and they suspect you are running a hidden volume, you can, legally and honestly declare that you don't have access to the keyfile.

Quote:

Originally Posted by gleff

IIRC (and far beyond the details of the median news story) this case revolves around whether you can be compelled to reveal the code to access the files, as so doing demonstrates that you do in fact know the code and had access to the files. In other words, a 5th amendment issue. But that the specific facts of this situation were that the person had shown access to the files in front of CBP already, thus had already revealed he had the access.

Sure, this guy screwed up by having the kiddie porn--his lack of discretion is not shocking. In RE: being compelled to give access to the encrypted files, if you have the passphrase but not the keyfile required to unlock, it presents a rather honest defense. You don't have it. It's pretty simple.

Better yet--give the keyfile to someone who is outside the subpoena and/or warrant reach of the US Government until you are safely inside the border, and then tell them where they can get the keyfile.

Last edited by ClueByFour; Feb 3, 2008 at 10:20 am

Reply