Keylogging for Evidence
In my recent post, Encryption and the Right to Maybe Remain Silent, I discussed the government's efforts to obtain encrypted evidence on a laptop. The issue was whether an individual can be forced to decrypt incriminating information. While this area of law has many new questions, there's always more than one way to skin a cat.
Even in cases, where a encryption was not ordered, the government may have taken actions to find encryption keys through a keylogger (which records keystrokes) or other devices. Declan McCullagh discussed this in his 2007 cnet post, Feds use keylogger to thwart PGP, Hushmail -
A recent court case provides a rare glimpse into how some federal agents deal with encryption: by breaking into a suspect's home or office, implanting keystroke-logging software, and spying on what happens from afar.
