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- Newsgroups: sci.crypt
- Path: sparky!uunet!walter!qualcom.qualcomm.com!servo.qualcomm.com!karn
- From: karn@servo.qualcomm.com (Phil Karn)
- Subject: Re: Finally! We're getting somewhere.
- Message-ID: <1992Nov5.191851.8551@qualcomm.com>
- Sender: news@qualcomm.com
- Nntp-Posting-Host: servo.qualcomm.com
- Organization: Qualcomm, Inc
- References: <1992Oct30.103041.304@news.uwyo.edu> <1992Nov4.191531.17572@spider.co.uk>
- Date: Thu, 5 Nov 1992 19:18:51 GMT
- Lines: 22
-
-
- Another interesting entry from Black's Law Dictionary:
-
- "Fruit of poisonous tree doctrine. Evidence which is spawned by or
- directly derived from an illegal search or illegal interrogation is
- generally inadmissable against the defendant because of its original
- taint, though knowledge of facts gained independently of the original
- and tainted search is admissable. Wong Sun v. US, 371 US 471, 83 S.Ct.
- 407, 9 L.Ed.2d 441. This doctrine is to the effect that an unlawful
- search taints not only evidence obtained at the search, but facts
- discovered by process initiated by the unlawful search. This doctrine
- is generally applied to cases involving searches in violation of the
- Fourth Amendment to the Constitution right against unlawful searches
- and seizures, but it can be applied to searches in violation of a
- statutory right. Duncan v. State, 278 Ala. 145, 176 So.2d 840, 865."
-
- In other words, if the government holds a gun to your head until you
- reveal your crypto key, then any information they decrypt with this
- key is inadmissable in court. But if they crack your key on their own,
- then they can use it.
-
- Phil
-