Crypto law survey

[Peter Fairbrother]

Bert-Jaap Koops has updated his crypto law survey (it summarises the 
laws relating to cryptography in different countries):

http://rechten.uvt.nl/koops/cryptolaw/

Well worth a look-see, and a good source.



In the US case law section I spied:

"In the case of United States  v. Boucher, 2007 WL 4246473 (29 November 
2007), the District Court for the District of Vermont held that a 
password that protects encrypted files falls under the Fifth Amendment 
(the privilege against self-incrimination). Boucher was subpoenad by a 
grand jury to give the password. The court held that a defendant cannot 
be compelled to give the password, since it exists in the suspect's mind 
and handing it over would provide testimonial evidence, in particular, 
the fact that the suspect knows the password and has control over the 
encrypted files. Cf. Susan Brenner's blog post.
http://cyb3rcrim3.blogspot.com/2007/12/court-upholds-using-fifth-amendment-to.html"


So perhaps enforced decryption a la RIPA pt.3 won't be spreading too far.

-- Peter Fairbrother