Self Incrimination

Adam Atkinson (ETL) adam.atkinson at etl.ericsson.se
Wed, 5 Jul 2000 14:21:50 +0200


> > What if a passphrase or key itself is incriminating e.g. "I once
> > smoked dope" or suchlike.  Wouldn't this make the passphrase
> > protected?
> 
> Despite its content, it should be protected and whatever your 
> passphrase is, should not make any difference in law. I do not think 
> that your passphrase would amount to a "confession" in law.

"I once smoked dope" could be a lie, as could "I shot J.R."
or "I kidnapped the Lindburgh baby"

When this topic has arisen before, the case that has been considered
has usually been a passphrase that contains enough detail that
it would be hard to explain how you knew it if you were innnocent.
e.g. "I buried Sir Julian Curmudgeon's body in the northeast support
pylon of the Barnstoneworth overpass during its construction in 
1967. His body is wrapped in green plastic bearing a Barratt Homes
logo."