Encryption – Evidence of Criminal Intent?

Schneier on Security has a post about the presence of encryption software being considered evidence of criminal intentt. He’s speechless. So am I, but possibly for a different reason.

The subject in question was accused of child pornography, and the presence of the encryption software on his computer (along with other evidence) was accepted as proof of his intent. That itself doesn’t upset me too much, as long as there was other compelling evidence. What upsets me is that if encryption itself is proof of criminal intent, then I guess I am a criminal – I use Windows XP, and Windows XP has built in encryption. You can check it out by going the properties of any directory, and then hitting “advanced”.

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