Encrypting to self

[Dave Bird---St Hippo of Augustine]

In article <Pine.GSO.3.96.980707220135.1202G-100000@boxster>, Michael
Froomkin - U.Miami School of Law <froomkin@law.miami.edu> writes
>The tougher question is whether giving up the key is compelling speech to
>the point where the 5th amendment would be violated unless full blown
>immunity -- barring the use of the data -- is required.  The Justice
>Department says there is no such prohibition, and my friends there argue
>this point with great passion and citations to somewhat relevant cases. 
>Others think it is far more arguable. I'm in the latter camp, since I
>don't read the law as giving the police a right to an effective search,
>but I recognize that this is not as certain a winner as I'd like.

OK, IANAL, but I think this issue is fairly clear-cut and almost any
legal jurisdiction can only after a little thought resolve it one way.
"Speech" on an incriminating matter consists of you responding to
a question about knowledge which is so far only in your head, composing
an original form of words by which to answer, and uttering that answer
out loud or on paper.

Revealing the text of an existing document which is hidden by encryption
is much the same as if ir were hidden by a locked door or locked safe.
The paper inside might be identifiably by you because in your
handwriting or encrypted by your key, but so what.
They can probably convict you of some offence for not opening the
lock to them when asked.  They can attempt to break it open for
themselves---well, that will do no good on strong encryption.  But 
there are other cases where forcing the lock would be ineffective:
for instance, if you have to raidply open a second combination inside
the main door or an incendiary will destroy the papers. 

It is a seconf matter (but   **irrelevant to whether or not the
material is considered speech**) wjhther they have any right of
**effective** search.  If you can frustrate their search by 
withholding cooperation, it may be just their hard luck. 



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