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- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: A Silver Bullet to Limit Crypto?
- Message-ID: <1992Nov11.195934.14474@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Nov11.183644.14979@netcom.com>
- Date: Wed, 11 Nov 1992 19:59:34 GMT
- Lines: 53
-
-
- Timothy May posts a thoughtful message suggesting that the government
- wishes (for what IT sees as perfectly good national security or crime
- prevention reasons) to infringe on our right to be secure in our speech
- and our papers by requiring key registration. Some have suggested these
- government agencies might wish to go even further and outlaw the use
- of cryptography by the general public.
-
- It would seem to me that the fundamental issue is a Consitutional one.
- Thus one would hope to make a civil liberties organization (the E.F.F.? the
- ACLU?) well aware of this issue NOW, and attempt to secure a commitment
- that they would move rapidly to challenge the constitutionality of any
- such laws.
-
- Stay with me here. There's a long history of government agencies
- avoiding constitutional tests in cases where they MIGHT lose, and the
- loss would affect other activities they are currently involved in, or
- would redefine power relations. Thus both the White House and the
- Congress have avoided constitutional tests on such issues as
- sequestering.
-
- If the Justice Department, or the NSA, or the CIA knew that any
- attempt to legislate "universal phone tapping" or crypto key
- registration would produce an immediate constitutional test, they
- might be deterred from pushing those issues, since a loss might mean
- that many activities they currently engage in might also be found
- illegal by such a Supreme Court decision.
-
- I'll bet, for example, that there has not been a Court test of NSA's
- right to intercept conversations between U.S. citizens and foreign
- nationals. I'll bet, for example, that there has not been a Court
- test of mail covers. I'll bet, for example, that there has not been a
- Court test of the right of Presidents to order assasinations (now
- discontinued), in peacetime, in the interest of "national security".
-
- I've been reading a lot about the issue of whether foreigners in the U.S.
- are protected by the Constitution. The "immigrant rights" community has
- been making a strong case that they are. I don't know if they are right or
- not, but if they are, then wouldn't employees of, say, the CIA who bribe
- foreign officials on U.S. soil be on questionable ground (if they did such
- things)? There is probably a huge area of activity that currently assists
- our Government in counter-espionage, and in crime prevention (both
- laudable activities) in the gray zone. I don't think, if it were put to
- them, that officials would welcome either a Constitutional test or the
- attendant publicity.
-
- Something to think about.
-
-
- --
- David Sternlight
- (pgp 2.0 and ripem public keys available on request)
-
-