|FROM ||From: "Michael L. Richardson"
|SUBJECT ||Subject: [NYLXS - HANGOUT] Fw: Re: [wwwac] Court rules that presence of encryption software may be viewed as evidence of criminal intent.
|From owner-hangout-at-mrbrklyn.com Wed May 25 15:18:12 2005
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Date: Wed, 25 May 2005 15:14:20 -0400
Subject: [NYLXS - HANGOUT] Fw: Re: [wwwac] Court rules that presence of encryption software may be viewed as evidence of criminal intent.
Reply-To: "Michael L. Richardson"
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From: "Michael L. Richardson"
Any idea How does this effect freesoftware?
From: Ari Feldman
To: Jonathan Land , WWWAC List
Subject: Re: [wwwac] Court rules that presence of encryption software
may be viewed as evidence of criminal intent.
Date: Wed, 25 May 2005 11:12:40 -0700 (PDT)
ugh, he sullies my good name.
--- Jonathan Land wrote:
> So I guess pretty much every corporation in the world is teeming
> with pervs.
> I wonder how the court feels about things like locks and keys.
> On May 25, 2005, at 11:43 AM, Ron Trenka wrote:
> > http://news.com.com/Minnesota+court+takes+dim+view+of+encryption/
> > 2100-1030_3-5718978.html
> > Minnesota court takes dim view of encryption
> > By Declan McCullagh
> > A Minnesota appeals court has ruled that the presence of encryption
> > software on a computer may be viewed as evidence of criminal
> > Ari David Levie, who was convicted of taking illegal photographs of
> > a nude 9-year-old girl, argued on appeal that the PGP encryption
> > utility on his computer was irrelevant and should not have been
> > admitted as evidence during his trial. PGP stands for Pretty Good
> > Privacy and is sold by PGP Inc. of Palo Alto, Calif.
> > But the Minnesota appeals court ruled 3-0 that the trial judge was
> > correct to let that information be used when handing down a guilty
> > verdict.
> > "We find that evidence of appellant's Internet use and the
> > existence of an encryption program on his computer was at least
> > somewhat relevant to the state's case against him," Judge R.A.
> > Randall wrote in an opinion dated May 3.
> > Randall favorably cited testimony given by retired police officer
> > Brooke Schaub, who prepared a computer forensics report--called an
> > EnCase Report--for the prosecution. Schaub testified that PGP "can
> > basically encrypt any file" and "other than the National Security
> > Agency," nobody could break it.
> > The court didn't say that police had unearthed any encrypted files
> > or how it would view the use of standard software like OS X's
> > FileVault. Rather, Levie's conviction was based on the in-person
> > testimony of the girl who said she was paid to pose nude, coupled
> > with the history of searches for "Lolitas" in Levie's Web browser.
> > Judge Thomas Bibus had convicted Levie of two counts of attempted
> > use of a minor in a sexual performance and two counts of
> > solicitation of a child to engage in sexual conduct. The appeals
> > court reversed the two convictions for attempted use of a minor,
> > upheld the two solicitation convictions, and sent the case back to
> > Bibus for a new sentence.
> > ----
> > "This sign is red. If it appears blue, you are going way too
> > fast." - Anonymous.
> > Ron Trenka
> > Zowie Digital Media
> > ron-at-zowiedigital.com
> > 212.244.4992 x22
> > ## See and BE SEEN at WWWAC's Multimedia Underground event Wed
> > 5/25 ##
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