Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cryptography (2)
- Derivative use immunity (2)
- Fifth Amendment (2)
- Boyd v. United States (1)
- Compulsory production (1)
-
- Cryptographic key (1)
- Cryptographic keys (1)
- Decryption (1)
- Encryption (1)
- Foregone Conclusion Test (1)
- Fourth Amendment (1)
- Governmental regulation (1)
- Immunity compulsion (1)
- Independent discovery (1)
- Kenneth Starr (1)
- Original intent (1)
- Privacy (1)
- Private conduct (1)
- Property rights (1)
- Religious liberty (1)
- Scope of immunity (1)
- Search and seizure (1)
- Search warrants (1)
- Social contract (1)
- United States v. Hubbell (1)
- Webster Hubbell (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko
United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko
Greg Sergienko
Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity. The issue, however, was doubtful given the tendency of the Court to …
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, Gregory S. Sergienko
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, Gregory S. Sergienko
Greg Sergienko
'Neutrality' has become the slogan that the Supreme Court uses for judging all claims of freedom of religion whether under the Establishment Clause or the Free Exercise Clause. However, the word 'neutrality' conceals the Court's inconsistent use of the concept. Thus, in Rosenberger v. Rectors of the University of Virginia, the recent debate about funding for religious publications, both the majority and the dissent asserted that only their approach was truly neutral. This inconsistency in the meaning of neutrality in the religion clauses is merely part of a general inconsistency in the Court's treatment of the religion clauses. Some of …
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Greg Sergienko
Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]