disclosure of crypto keys

[Bert-Jaap Koops]

David Swarbrick <david@swarb.demon.co.uk>:
> I have to say, though, that it is likely to be of very little
> persuasive value in the UK, and even less so in Europe.
> We do not have anything like the same well developed and defined law
> protecting against self incrimination. 
Not the same well developed case-law, but we do have two judgements 
of the European Court of Human Rights: Funke and Saunders. My 
reading of those judgements is that the protection in Europe is 
quite similar to that in the US. You should read Funke to gain some
confidence that the privilege against self-incrimination is really 
substantial in Europe. (Funke was threatened with a conviction for 
not giving foreign bank account papers which he'd said earlier he 
had. The European Court concluded a breach of article 6 of the 
European Convention because there was improper compulsion to hand 
over potentially incriminating material.)

> Whether and how much it will change with the incorporation of the Euro
> Convention on Human Rights remains to be seen.
Pardon my ignorance, but is not the UK already bound to the European 
Convention of Human Rights? 

Bert-Jaap
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