It seems sort of silly to have a post with this title, but Bruce Schneier appears to miss the point in his post about a Cryptographically-secured Murder Confession. Schneier writes:
But how is this different than Duncan speaking the confession when no one was able to hear? Or writing it down and hiding it where no one could ever find it? Or not saying anything at all?
The answer is simple: this encrypted set of bits may be evidence in a criminal investigation. It differs from his other scenarios in that nobody has any reason to know that the other pieces of evidence exist (if they did, they would be looking for them). In this case, there appears to be a reason to believe the encrypted data is a confession. And the police want to "collect" the information in the same way they would act on tips or other evidence to look for a murder weapon in somebody's house, drugs in a car, receipts to confirm an alibi, witnesses of a robbery, etc. etc. I think they call it "a lead".
I think Schneier is so blinded by his concern that cryptography is (perhaps) seen as evil that he misses the basic point. It isn't about encryption, it is about the ease or difficulty of getting enough evidence to convict somebody. [Btw, I don't see anything in the AP report he cites that denotes or connotes anything about encryption being good or bad - just sometimes hard to decrypt.]
Indeed, Schneier seems to expose his blind side with another comment:
If the police can't convict him without this confession -- which we only have his word for as existing -- then maybe he's innocent?
This is so strange, and states the case of the police so clearly (they want any possible evidence to either convict the right guy) that I still am trying to decide whether it is sarcasm or not. The doubt Schneier shows is the same doubt that a jury may have and that the police want to minimize with the confession, if it exists in the myriad of potential evidence collected.
What if a witness can't be found? What if a partial fingerprint can't be matched? What if a suspect has an alibi? What if a confession is encrypted? Well, any citizen would presumably want the police to try harder if they have a reason. Authorities should look for any and all evidence they can find to support or refute any investigations, and this is no different simply because the potential evidence is encrypted.
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