If a court knows that a respondent knows the password to a device, can the court compel the respondent to enter that password into the device? In this work, we propose a new approach to the foregone conclusion doctrine from Fisher v. U.S. that governs the answer to this question. The Holy Grail of this line of work would be a framework for reasoning about whether the testimony implicit in any action is already known to the government. In this paper we attempt something narrower. We introduce a framework for specifying actions for which all implicit testimony is, constructively, a foregone conclusion. Our approach is centered around placing the burden of proof on the government to demonstrate that it is not “rely[ing] on the truthtelling” of the respondent.
Building on original legal analysis and using precise computer science formalisms, we propose demonstrability as a new central concept for describing compelled acts. We additionally provide a language for whether a compelled action meaningfully entails the respondent to perform in a manner that is “as good as” the government’s desired goal. Then, we apply our definitions to analyze the compellability of several cryptographic primitives including decryption, multifactor authentication, commitment schemes, and hash functions. In particular, our framework reaches a novel conclusion about compelled decryption in the setting that the encryption scheme is deniable: the government can compel but the respondent is free to use any password of her choice.
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Protecting Cryptography Against Compelled Self-Incrimination
The information security community has devoted substantial effort to the design, development, and universal deployment of strong encryption schemes that withstand search and seizure by computationally-powerful nation-state adversaries. In response, governments are increasingly turning to a different tactic: issuing subpoenas that compel people to decrypt devices themselves, under the penalty of contempt of court if they do not comply. Compelled decryption subpoenas sidestep questions around government search powers that have dominated the Crypto Wars and instead touch upon a different (and still unsettled) area of the law: how encryption relates to a person's right to silence and against self-incrimination.
In this work, we provide a rigorous, composable definition of a critical piece of the law that determines whether cryptosystems are vulnerable to government compelled disclosure in the United States. We justify our definition by showing that it is consistent with prior court cases. We prove that decryption is often not compellable by the government under our definition. Conversely, we show that many techniques that bolster security overall can leave one more vulnerable to compelled disclosure.
As a result, we initiate the study of protecting cryptographic protocols against the threat of future compelled disclosure. We find that secure multi-party computation is particularly vulnerable to this threat, and we design and implement new schemes that are provably resilient in the face of government compelled disclosure. We believe this work should influence the design of future cryptographic primitives and contribute toward the legal debates over the constitutionality of compelled decryption.
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- NSF-PAR ID:
- 10207908
- Date Published:
- Journal Name:
- Usenix Security 2021
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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