[CrackMonkey] unprivileged

[Nick Moffitt]

	So I was thinking about how to set up communication channels
that would survive subpoena or what-have-you.  The bad-attitude list
at netscape was forced to send all of its archives for review *on
paper*.  Even if they had not kept archives, they would have been
asked to send personal archives from mailboxes.

	So what about news servers?  You cuold set the expiration time
to be the length of time one has to provide the information from such
a request, and let the lag in paperwork clear out any grabbable
information.  Then you could print your whole news spool, which would
likely be full of "Wow, so they're going to get copies of messages
from this point on?  Here's my favorite erotic poem:..."

----- Forwarded message from Seth David Schoen <schoen at loyalty.org> -----

Seth David Schoen writes:

> Subscribers should be aware that this list is public and unprivileged

For the benefit of foreign readers or those not familiar with U.S.
law:

(My own impressions, again, as a non-lawyer.)

Typically a party in a case can compel people to provide copies of
documents that relate to that case, or compel them to testify about
what they know.  This is even true of information held by people who
are not involved in the case at all.  For example, if I had documents
which related to Sklyarov's guilt or innocence, I could be required to
provide them (and I could be called to testify as a witness, and I
would have to say what I know).

There are exceptions to this, which are called "privileges".  One
example is the privilege against self-incrimination in criminal cases
(nobody may be compelled to testify about things which would
incriminate himself or herself).  Another is the attorney-client
privileges (conversations and correspondence between lawyers and their
clients are confidential, and testimony about them can't be required)
and similar privileges for communications between married couples and
between doctors, medical professionals, clergy, and those they serve.
If you have information relating to this case which is truly
confidential, you should consult a lawyer before writing it down or
sending it to anyone.

Supporters of Dmitry Sklyarov should be aware that investigators could
require information from you, and that you could be required to testify
at a trial.  In addition, the list of subscribers to this list could
be requested; if that happened, I would ask the attorneys at the EFF
to oppose the request in court.  I don't know whether any of that is
likely to happen.

-- 
Seth David Schoen <schoen at loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5


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----- End forwarded message -----

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