this post was submitted on 25 Jul 2023
284 points (97.0% liked)
sh.itjust.works Main Community
7699 readers
1 users here now
Home of the sh.itjust.works instance.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Luks is a thing. No reason it can’t be done on the server though things like patching won’t be automated.
Kill switch is well, not as easy. But possible.
That said. The government would just lampoon you in the media as some child porn hoster or whatever they want and taint the jury pool. And probably charge you with obstruction and a host of other things if you didn’t decrypt the server.
There is case law where refusing a description password isn’t covered by the 4th or 5th amendment so they could just Guantanamo your ass as pressure.
https://arstechnica.com/tech-policy/2017/03/man-jailed-indefinitely-for-refusing-to-decrypt-hard-drives-loses-appeal/
https://arstechnica.com/tech-policy/2020/08/nj-supreme-court-no-5th-amendment-right-not-to-unlock-your-phone/
https://www.zdnet.com/article/florida-court-says-password-disclosure-not-protected-by-fifth-amendment/
https://www.eff.org/press/releases/appeals-court-upholds-constitutional-right-against-forced-decryption
https://www.postschell.com/insights/third-circuit-imprisonment-refusing-order-decrypt-device-cannot-exceed
TL:DR - there’s no established case law that protects you from withholding the encryption key from government and there’s conflicting rulings in the current US districts. In some places you can be held indefinitely. Unsure what occurs if you can’t remember the key though.