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- Xref: sparky sci.crypt:4397 comp.org.eff.talk:6810 alt.privacy:2115 talk.politics.guns:23622
- Newsgroups: sci.crypt,comp.org.eff.talk,alt.privacy,talk.politics.guns
- Path: sparky!uunet!destroyer!sol.ctr.columbia.edu!emory!genie!starr
- From: starr@genie.slhs.udel.edu (Tim Starr)
- Subject: Re: Registered Keys - why the need?
- Message-ID: <1992Nov6.081724.26084@genie.slhs.udel.edu>
- Organization: UDel, School of Life & Health Sciences
- References: <715.517.uupcb@grapevine.lrk.ar.us> <1992Nov01.233637.138278@watson.ibm.com> <1992Nov3.090942.1626@guvax.acc.georgetown.edu>
- Date: Fri, 6 Nov 1992 08:17:24 GMT
- Lines: 75
-
- In article <1992Nov3.090942.1626@guvax.acc.georgetown.edu> denning@guvax.acc.georgetown.edu writes:
- }
- }> Now, I'm really curious, why Ms. Denning suddently becomes concerned
- }> with what she calls "a major crisis in law enforcement". Since when
- }> did inability of law enforcement to eavesdrop on anybody's private
- }> communications at their whim, become a "crisis"?
- }
- }The word "crisis" is probably too strong. But let me elaborate on the
- }effect of COURT-AUTHORIZED taps. According to the FBI, they have been
- }essential in preventing serious criminal activity including organized
- }crime, drug trafficking, extortion, terrorism, kidnaping, and murder.
-
- There's a conflict of interest here which reduces the credibility of the FBI's
- claims. What about estimates by neutral third parties? Besides, drug
- prohibition must be repealed, which would reduce violent crime a hell of a
- lot more than regulating encryption.
-
- }During the period 1985-1991, court-ordered electronic surveillance
- }conducted by the FBI alone led to 7,324 convictions, almost $300
- }million in fines being levied, over $750 million in recoveries,
- }restitutions, and court-ordered forfeitures, and close to $2 billion in
-
- Note the forfeitures. Civil asset seizure and forfeiture is a procedure
- whereby the property of innocents can now be taken away from them on no more
- basis that "probable cause," which recent Supreme Court rulings have watered
- down. Not only is this permitted, but is practiced by some police departments
- as a form of "revenue enhancement" or direct taxation, often in collusion with
- the FBI. In case anyone doesn't recall, both the presumption of innocence and
- the 4th amendment's prohibition of unreasonable searches and seizures is
- violated by this. Only the figure for recoveries and restitutions should be
- credited.
-
- }Wiretapping yields evidence that is considerably more reliable than
- }that obtained from other methods such as informants, and is less
- }dangerous for law enforcers than breaking and entering to install
- }bugs in homes or offices. I recently had the good fortune to hear
- }Ed Tufte give a talk (author of "The Visual Display of Quantitative
- }Information"). He had a chart that showed why the jury acquitted John
- }Gotty at one of his trials. The chart was a list of all the
- }informants and the crimes they had committed. How could the jury
- }believe the evidence with that chart? Electronic surveillance was
- }essential in the ultimate conviction of Gotty and other OC leaders.
-
- Aside from the misspelling of Gotti, what is the standard of reliability
- here? It's utility for convictions?
-
- }Nevertheless, wiretapping is not used much because the law requires
- }that law enforcers show that other methods have been
- }tried and have failed (or would be likely to fail) and because it is
- }expensive. The average cost of a wiretap in 1991 was $45K. Most
- }of this goes to labor. Those of you who think that law enforcers
- }are likely to start tapping everyone with or without a warrant need
- }to do a reality check on cost and government budgets. Assuming there
- }are about 100 million lines, the total cost to listen in on them
- }all would be $4.5 trillion!
-
- Many uses of wiretaps may be unrecorded, as they are done without warrants
- in order to pursue a case. The evidence is inadmissable, but such practices
- can lead to the discovery of other evidence that may be admissable.
-
- Besides, the danger is not that everyone's liberties will be violated at
- once, but that everyone will be at risk of being singled out for invasion of
- privacy.
-
- Furthermore, if the goverment has its way, its budgets will be much higher
- than at present, and have in fact been increasing - it's often listed as a
- success of the War on Drugs that the budgets of the agencies fighting it
- have been expanded.
-
-
- Tim Starr - Renaissance Now! - Think Universally, Act Selfishly
- starr@genie.slhs.udel.edu
-
- "True greatness consists in the use of a powerful understanding to enlighten
- oneself and others." - Voltaire
-