Law Question Canada - Security!
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waterloo
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Law Question Canada - Security!
Theoretically if you have set the supervisor, boot and windows 7 passwords would 1 subpoena force you to reveal all of the passwords or would they require 3 subpoenas?
Thanks
Thanks
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bill bolton
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Re: Law Question Canada - Security!
I can't answer explicitly for Canadian law, but under Australian law (which shares a common heritage/practice with Canadian law) one subponea could cover all the security information related to a system.waterloo wrote:Theoretically if you have set the supervisor, boot and windows 7 passwords would 1 subpoena force you to reveal all of the passwords or would they require 3 subpoenas?
Other things to keep in mind.....
- The coverage of a subpoena may differ depending on whether the action arises from a civil or a criminal context.
There maybe other provisions related to the area of national security which could also be enforceable, depending on what the interest was in the protected information.
Cheers,
Bill B.
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RealBlackStuff
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Re: Law Question Canada - Security!
Are you about to meet yours?
Lovely day for a Guinness! (The Real Black Stuff)
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waterloo
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Re: Law Question Canada - Security!
I am not in trouble...RealBlackStuff wrote:Are you about to meet yours?
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craigmontHunter
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Re: Law Question Canada - Security!
I would imagine that you would have to provide any passwords/keys required to access the system. The passwords are more to deter theft, and should the system be stolen, to prevent the thief from getting/using any data.
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RealBlackStuff
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Re: Law Question Canada - Security!
Don't store critical data on a laptop, but on an encrypted USB-key instead.
If need be, you just 'lost' your USB-key ("Sorry Officer...).
If need be, you just 'lost' your USB-key ("Sorry Officer...).
Lovely day for a Guinness! (The Real Black Stuff)
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Re: Law Question Canada - Security!
If this case makes it to the Supreme Court the question could be resolved in the US
http://news.cnet.com/8301-31921_3-20078 ... opStories2
Also see: http://en.wikipedia.org/wiki/United_States_v._Boucher
http://news.cnet.com/8301-31921_3-20078 ... opStories2
Also see: http://en.wikipedia.org/wiki/United_States_v._Boucher
I used to be an anarchist but I quit because there were too many rules
Re: Law Question Canada - Security!
It's worth noting that this doesn't cover forced key surrender the way that most people think it does.dsvochak wrote: Also see: http://en.wikipedia.org/wiki/United_States_v._Boucher
The decision there was based on the fact that Boucher had already shown law enforcement officers the contents of the encrypted container. It was only after he'd granted access and the laptop had later been shut off (and thus the encrypted container made inaccessible) that he then refused to grant subsequent access.
Moral of the story: if you want to preserve your privacy, don't give it up and then say the equivalent of "Oopsy! Forget you saw that, please..."
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waterloo
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Re: Law Question Canada - Security!
Thanks for all the information, very confusing issue this is!ThinkRob wrote: It's worth noting that this doesn't cover forced key surrender the way that most people think it does.
The decision there was based on the fact that Boucher had already shown law enforcement officers the contents of the encrypted container. It was only after he'd granted access and the laptop had later been shut off (and thus the encrypted container made inaccessible) that he then refused to grant subsequent access.
Moral of the story: if you want to preserve your privacy, don't give it up and then say the equivalent of "Oopsy! Forget you saw that, please..."
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