Computers, Privacy & the Constitution

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MatthewEckmanFirstPaper 4 - 17 Apr 2009 - Main.EbenMoglen
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Encryption, Privacy, and the Fifth Amendment

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Arguments for Recognizing a Fifth Amendment Right not to Decrypt

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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line:

# * Set ALLOWTOPICVIEW = TWikiAdminGroup, MatthewEckman

Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list

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  • I assume this is a paper in process. You can lose the first part, so as to make the Fifth Amendment inquiry fit within 1,000 words. Reasons why you don't want any casual possessor of your laptop to be able to access the hard drive have occurred to you. That's sufficient, without expecting you to be a civil liberties enthusiast (EFF members are more likely to be, after all, than other people) who would want to encrypt her hard drive for reasons that don't appeal to you. But you needn't spend valuable words on that point. I don't think you've explained fully why the Fifth Amendment privilege is at stake, which may be related to the reason why the arguments seem a little one-sided to you. But if you keep following out the lines of argument I'm sure you can make a valuable paper of this.
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Revision 4r4 - 17 Apr 2009 - 01:48:50 - EbenMoglen
Revision 3r3 - 11 Mar 2009 - 03:37:54 - MatthewEckman
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