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- Newsgroups: sci.crypt
- Path: sparky!uunet!charon.amdahl.com!pacbell.com!sgiblab!zaphod.mps.ohio-state.edu!cs.utexas.edu!milano!cactus.org!ritter
- From: ritter@cactus.org (Terry Ritter)
- Subject: Re: A new encryption problem?
- Message-ID: <1992Nov17.004007.5953@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <726406434DN5.61R@tanda.isis.org>
- Date: Tue, 17 Nov 1992 00:40:07 GMT
- Lines: 122
-
-
- In <726406434DN5.61R@tanda.isis.org>
- marc@tanda.isis.org (Marc Thibault) writes:
-
- >In article <1060.517.uupcb@grapevine.lrk.ar.us>
- >(Jim Wenzel) writes:
- > ....
- >>
- >> He was calling from California in order to pick up the pgp program
- >> from us. Seems that they are on the case of a molestor who encrypted
- >> his information using PGP. If they can't crack it the molestor will
- >> more than likely walk due to lack of evidence. This has caused me
- >> some concern because we have agreed (volunteered) to be a
- >
- > Yah. Right. Quite a coincidence that this happens within days
- > of an identical hypothetical case being posted in this group.
- > It's probably safe to assume that Jim actually believes this
- > brown mushy stuff, but...
-
- See kids, this is what you get into if you post to the network:
- People will question your intelligence and impugn your integrity
- in a mad rush to move the discussion away from a telling point.
-
- I suspect that Jim's case was *the basis* for my hypothetical.
- As I have said before, I got the information from a guy who had
- talked to someone supposedly having this sort of investigation for
- real. I simplified the case slightly for discussion, and avoided
- claiming it was real because I had no first-hand knowledge, and
- because I saw any claim of reality as being irrelevant to the
- discussion and needlessly manipulative.
-
- For the purpose of discussing the issue, it really doesn't *matter*
- whether the case is real or not. It certainly *could* be real, in
- which case some part of our society will not be overjoyed with the
- new world order of widespread strong cryptography. *This* is the
- issue we need to face. It is much *easier* to cast aspersions, of
- course.
-
-
- > (1) The guy's not a molester if they have no evidence (isn't
- > that what US law says?) It's hard to believe that a file
- > submitted as hearsay (see-say?) evidence would convict
- > anyone in the absence of something more substantial.
-
- While being *accused* of a crime is not the same as having been
- *convicted* of a crime, it is not quite the same as not having
- been accused, either. For one thing, the authorities can take
- the accused into custody, and investigate his or her "effects"
- in an attempt to *collect* the necessary evidence.
-
- You might consider watching a few US cop shows to improve your
- background for this discussion.
-
- As for files being "hearsay," they can probably be submitted as
- evidence under the testimony of being found in the accused's
- "effects."
-
-
- > (2) Why do the police need to get a copy of PGP? If the patsy
- > used PGP, then he'd have to have a copy of it not far from
- > the encrypted data.
-
- Maybe s/he erased it, or kept it on a floppy which was discarded.
- Maybe it's a box with 500 other unmarked encryption programs.
- Who cares why?
-
-
- >Could they really introduce decrypted
- > evidence without proving that the patsy had access to the
- > encryption software?
-
- Well, if "they" find the enciphered file on the accused's computer,
- and it has something to do with a crime, they probably could
- introduce it as evidence. Do you think it would be difficult to
- introduce a paper diary describing crimes? Why would it be
- different with a computer file?
-
- It is always within the power of investigating officers to
- manufacture evidence. I am not aware that cryptography has an
- effect on that. If it does, that may be *another* problem we
- have to worry about.
-
-
- >Could it be that they intend to get a
- > little creative?
-
- I dunno. Do you? You seem to be making or inferring accusations
- with almost no data at all.
-
-
- > (3) Could it be that somebody in Cal. read Terry's post and
- > thought of a neat way to put a chill on PGP distribution?
-
- *Has* this "placed a chill on PGP distribution"? I doubt it.
-
- What it *has* done is brought before us the possibility that
- absolute cryptographic freedom may bring with it dangers which
- we did not previously expect.
-
-
- > (4) Is it possible that the call actually came from one of
- > Jim's users who's more anal-retentive than most about what
- > Jim makes available on his system?
-
- Maybe. But, again, it really is irrelevant whether or not this is
- a real case. It certainly *could* be real, and, inevitably, *will*
- be real someday. Eventually, we will have to deal with it.
-
-
- > (5) Could it be that Jim's found a poignant way to reintroduce
- > a topic we all thought had been beaten to death?
-
- The *topic* has scarcely been addressed; what was "beaten to death"
- was whether it was *an appropriate topic*.
-
- Since this sort of thing *will* happen, we *still* need to consider
- what we will say when such an incident is used to support calls for
- a total ban on the public use of cryptography.
-
- ---
- Terry Ritter ritter@cactus.org
-
-