Mitnick wants cyphertext; gov't wants keys

>http://www.wired.com/news/print_version/politics/story/14855.html
>
>Wired News:
>Hacker Can't Get Access
>By Arik Hesseldahl
>
>8:35pm  4.Sep.98.PDT
>
>The epic legal wrangling in the Kevin Mitnick case took a new turn last
>week when the accused hacker lost an appeal  to access certain encrypted
>data that his attorneys say could help him.
>The data, seized by the FBI from Mitnick's computer when he was arrested in
>1995, could contain evidence that could prove him innocent of some of the
>charges against him, according to his defense.
>In its encrypted form, the data is useless to prosecutors, who may have
>tried to decode it and failed, said Donald C. Randolph, the Santa Monica,
>California, attorney defending Mitnick.
>....
>"We told the judge that giving him access to those files was like giving
>someone access to a locked safe that might contain a gun," Painter said.
>"[Mitnick's attorneys] claimed in court that the data might contain
>exculpatory evidence but offered no further explanation."
>Greg Vincent, Randolph's associate on the case, said that under federal
>rules, Mitnick should be given access to all the evidence against him, and
>that by denying such access, the government is opening itself up to losing
>an appeal should Mitnick be convicted.
>Vincent also said the government was willing to give access to the
>encrypted files, provided that Mitnick hand over the password. This, said
>Vincent, would violate Mitnick's Fifth Amendment rights against
>self-incrimination.         
>Painter confirmed that the files had not been decrypted by the government.

well, this is very interesting. Mitnick therefore represents
one of the first cases in which the govt is attempting
to compel keys. he's taken the 5th amendment against
giving the keys.

it looks to me like this: maybe mitnick had no backup of his
encrypted data. the FBI takes his laptop with all the
encrypted data. there may be some things in the data
that could tend to support his innocence-- but perhaps
there are other things that would tend to incriminate
him more than he already is.  so he wants the whole
set of data first, so he can make sure, without giving
the keys. the govt wants the whole set of data first, so they can 
make sure!! stalemate.

I think the govt does not have much of a case. it seems to
me that they should make the full contents of the laptop
available to the defense. it was mitnicks property. it
would be like them seizing someone's file cabinet. it
would be easy to make xerox's and return them to the
defendant.  but gosh, maybe with Rico that's too much of
a gracious act.