Article View: sci.crypt
Article #1481Re: Finally! We're getting somewhere.
From: Phil Karn
Date: Thu, 05 Nov 1992 19:18
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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Newsgroups: sci.crypt 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> Sender: news@qualcomm.com Nntp-Posting-Host: servo.qualcomm.com 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 Lines: 22