----- Original Message -----
From: <[EMAIL PROTECTED]>
To: "Black Unicorn" <[EMAIL PROTECTED]>
Cc: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Monday, July 30, 2001 1:47 PM
Subject: Re: DOJ jails reporter, Ashcroft allows more journalist subpoenas
> Black Unicorn wrote:
> > No. Well hidden backups would put the reporter in a position of contempt,
> > committing obstruction of justice or perjury. Better to escrow such
documents
> > with an attorney in a jurisdiction not likely to cooperate with the United
> > States. (I can suggest several to interested parties privately).
> >
> That is one method of "well hidden"
No, that's not hidden.
> How about placing blocks of data on a safe site? A petit Napoleon would
> be able to subpoena a plaintext copy of the data and possibly make a
> fight about getting the keys but would not be able to deprive the owner
> of the data.
Nope.
Compare:
Prosecutor: You retained copies of this document?
Witness: Yes.
Prosecutor: You were aware that all copies and original were subpoenaed by
the court?
Witness: Yes.
Prosecutor: Where are these documents located?
Witness: I won't answer that.
(Oops)
with:
Prosecutor: You retained copies of this document?
Witness: Yes.
Prosecutor: You were aware that all copies and original were subpoened by the
court?
Witness: Yes.
Prosecutor: Where are these documents located?
[Witness: I placed blocks of data on a safe site so they would be
accessible.]
[Witness: I split a cryptographic key and spread it among my friends and
encrypted the document to it.]
[Witness: I (insert clever but legally naive cypherpunk solution here) the
document.]
(Oops)
with:
Prosecutor: You retained copies of this document?
Witness: No.
Prosecutor: You have none of these documents in your possession or control?
Witness: No.
Prosecutor: Are you aware of any other copies of this document?
Witness: Yes.
Prosecutor: Where are they?
Witness: An attorney representing the ABC trust bought a copy of the document
before I knew about these proceedings.
Prosecutor: Why didn't you instruct this attorney to turn over the documents?
Witness: I have here a copy of the agreement assigning all my rights to the
document over to this Isle of Man trust under control of the attorney listed
here. I understand Simon and Schuster has expressed interest in the
manuscript but since I no longer have the power to influence the fate of the
document I cannot produce it, or I most certainly would comply with the
court's most legitimate wishes and interest in effecting justice.
> Why should an owner not be allowed to retain a copy?
Cause the court says so.
> Mike
