this post was submitted on 18 Apr 2025
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I think it’s contextual. It is definitely relevant to bring into a criminal case that criminals made attempts to obstruct gathering of evidence in commission of the crime. It’s no different than shredding or burning paper files. Evidence of criminals taking steps to hide the criminal activity is how you prove that a transgression is willful rather than negligent. That matters in cases like murder.
Encryption is also criminal in some contexts, like encrypted radio broadcasts on frequencies for public use.
It definitely belongs as a talking point in a courtroom, imo.
With respect, this is a short-sighted take. There's literally no legitimate crime that is made worse because a person tried to avoid it being detected. Plot a murder over tor? Not a good look. But in what universe is someone less morally culpable because they just posted on craigslist?
On the other hand, allowing the use of encryption or other privacy methods to affect the criminality or punishment assigned to an action just creates a backdoor to criminalizing privacy itself. Allowing that serves no real purpose in deterring folks from hurting others, but it sure does further the interests of an oppressive or authoritarian regime.
How does covering up a crime not make it worse when it allows you to get away and commit more crime?
Doing crime in the privacy of my own home allows me to get away with it and commit more crime, doesn't mean we should have transparent walls that everyone can watch what you do through.
I don’t disagree with that but the article is talking about what arguments are permissible in a court room which is a little different. Same as using tools to commit a crime. It’s not illegal to own or use tools but when used in commission of a crime, this can be a factor in proving elements of a crime that require proof of intention or malice.
Not sure I understand how you are reading the article. That's like saying having a steak knife in your home is a factor in proving elements of a crime. Tools are completely neutral parties that are unrelated to prosecution, and encryption should be no different.
Both are normal if you work with information you wouldn't like to leak. Or something very personal.
They are that thing you said only if they are unusual for the circumstance. When that gives information that a person did something not normal.
Because that's a sign of something, kinda similar to shaking hands and missing shovel and sudden lack of time for guests.
Encrypting everything on Internet-connected machines is not unusual. It's perfectly normal. It's f* obligatory.
Because that's almost jamming, if everyone could broadcast all they can, nobody could use those frequencies. And since you have to make space there, private transmissions probably belong somewhere else. Doesn't matter when using wire. This is irrelevant to encryption.
No it doesn't. Even if someone suddenly started encrypting everything, no. Maybe they learned how the world works and decided to learn to do it just in case.