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Article #1481

Re: Finally! We're getting somewhere.

#1481
From: Phil Karn
Date: Thu, 05 Nov 1992 19:18
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Another interesting entry from Black's Law Dictionary:

"Fruit of poisonous tree doctrine. Evidence which is spawned by or
directly derived from an illegal search or illegal interrogation is
generally inadmissable against the defendant because of its original
taint, though knowledge of facts gained independently of the original
and tainted search is admissable. Wong Sun v. US, 371 US 471, 83 S.Ct.
407, 9 L.Ed.2d 441.  This doctrine is to the effect that an unlawful
search taints not only evidence obtained at the search, but facts
discovered by process initiated by the unlawful search. This doctrine
is generally applied to cases involving searches in violation of the
Fourth Amendment to the Constitution right against unlawful searches
and seizures, but it can be applied to searches in violation of a
statutory right. Duncan v. State, 278 Ala. 145, 176 So.2d 840, 865."

In other words, if the government holds a gun to your head until you
reveal your crypto key, then any information they decrypt with this
key is inadmissable in court. But if they crack your key on their own,
then they can use it.

Phil
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Message-ID: <1992Nov5.191851.8551@qualcomm.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!walter!qualcom.qualcomm.com!servo.qualcomm.com!karn
References: <1992Oct30.103041.304@news.uwyo.edu> <1992Nov4.191531.17572@spider.co.uk>

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Path: arc1-ca.pugleaf.net!sparky!uunet!walter!qualcom.qualcomm.com!servo.qualcomm.com!karn
From: karn@servo.qualcomm.com (Phil Karn)
Subject: Re: Finally!  We're getting somewhere.
Message-ID: <1992Nov5.191851.8551@qualcomm.com>
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Organization: Qualcomm, Inc
References: <1992Oct30.103041.304@news.uwyo.edu> <1992Nov4.191531.17572@spider.co.uk>
Date: Thu, 5 Nov 1992 19:18:51 GMT
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