Start-up firms should spend TEN minutes discussing and recalling the presentations from other teams and begin to identify at least THREE emerging themes that were common across many or all of the presentations.
Teams should also consider in what ways do the legal approaches diverge and identify the most interesting divergences.
Start-up firms should produce a ONE slide presentation that prioritises and describes THREE emerging themes as well as ONE novel divergence.
Teams should use the following concepts as starting points in the consideration of different emerging themes:
Self incrimination. It is widely accepted that an individual has the privilege to not expose themselves to a criminal penalty or charge. Starting question: Does the act of demonstrating knowledge of a key or process serve to incriminate?
Right to silence Many jurisdictions support the right to silence, in that an individual has the right to not answer a question. Starting question: Does the act of revealing a key or process to decrypt, infringe on that right?
Key disclosure versus decrypted data. Key disclosure can be widely considered the process to turn the intelligible into the comprehensible. Starting question: What is more important for authorities to have access to? The key or the data itself?
Deniable encryption. Individuals may expect the option of plausible deniability in some scenarios. Starting question: How does the key disclosure law facilitate or support such a scenario?
Time limited decryption. There are many aspects of law, that are time limited. Starting question: Does the the legislation itself consider the idea of time limits on compelled decryption?
Torture. Rubber-hose cryptanalysis where an individual is tortured to force decryption is an approach that could be used. Starting question: Does the use of legislation prevent torture from happening?