Re: the police state cometh....

I'm with Fielder on this one.

What the article doesn't say is how the police found the guy in the
first place. My understanding of the law ( i don't understand much) is
that the police have to have a reason to search. Having encryption
software is not a good reason.

As Fielder points out the software is "supporting evidence". What the
guy was doing is a crime. That fact that he had encryption software on
his computer has nothing to do with it. They would have arrested him
even if he didn't have encryption software.

I think we are in no danger of becoming a police state. Not because of
this any way.

Fielder George Dowding wrote:

>Well, again, this is a mis-characterization of the situation. As I read
>the report, the software is supporting evidence. So, if your theoretical
>computer crime had no need or possible use for encryption software, it
>wouldn't be considered as evidence. I could be wrong. I am not a lawyer.
>
>Enkidu wrote:
>
>
>>Fielder George Dowding wrote:
>>
>>
>>
>>>Well, you mis-characterize the situation. I see it like the conviction
>>>of a Scottish Piper who was tried and convicted of treason (and
>>>subsequently hanged) after he was captured with the Scots who had taken
>>>Stirling Castle (about 1746 I think). His defense was that he was just a
>>>piper and not a combatant. The judge pointed out the Scots never went to
>>>war without pipers, thus, his presence amongst the Scots at Stirling
>>>Castle and his pipes was sufficient evidience that he was indeed guilty
>>>of treason.
>>>
>>>It was not the Great Scottish Highland Bagpipe that was convicted, but
>>>merely part of the evidence that convicted the possessor of the
>>>instrument. So, there is not criminal intent of having encryption
>>>software if one is not committing crimes.
>>>
>>>
>>>
>>But if you are accused of a computer crime then the presence of encryption
>>software counts against you, I don't like that at all. It's a double-edged sword
>>that I feel should stay sheathed for everyones sake.
>>
>>Art
>>
>>
>
>
>

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Received on Thu May 26 11:03:52 2005