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Notes -
This is true in theory, but how true is it in practice for laypeople who are using relatively common software out-of-the-box? My guess is that most common encryption software puts metadata in the clear concerning which algorithm they're using, PBKDF iteration count, and such. I think that's because for most common uses, the model is not that you need an actual blob that is indistinguishable from random. Instead, most uses are more than happy to have it be clear that there is encrypted data, clear which algorithm is encrypting it, and simply relying on the security of the unknown password.
When it comes to government demands to decrypt, generally the State has to go to sufficient lengths to show that there is, in fact, encrypted data and that the individual in question does, in fact, have the means by which to decrypt it. One example argument is, "We've seen this guy unlock his phone. In fact, ten minutes before we arrested him, we have him on video unlocking his phone, then setting it down, appearing to have no cognizance of the fact that we were about to arrest him. Further, he was not able to touch his phone between then and when we scooped it up." I'm not sure whether judges would generally be as, uh, reasonable about this sort of demand when it comes to their inherent contempt power as they are when it comes to requests by the prosecution to compel decryption.
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