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- Path: sparky!uunet!know!hri.com!spool.mu.edu!news.cs.indiana.edu!mvanheyn@avocado.ucs.indiana.edu
- From: mvanheyn@whale.cs.indiana.edu (Marc VanHeyningen)
- Newsgroups: sci.crypt
- Subject: Re: A new encryption problem?
- Message-ID: <1992Nov12.213519.9323@news.cs.indiana.edu>
- Date: 13 Nov 92 02:35:11 GMT
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <1992Nov12.012409.26925@news.cs.indiana.edu> <1992Nov12.205330.23223@cactus.org>
- Organization: Computer Science Dept, Indiana University
- Lines: 61
- X-Quoted: 42%
-
- Thus said ritter@cactus.org (Terry Ritter):
- >
- > I write:
- >>"The right to free speech includes the right to speak in a fashion not
- >>easily understood by others."
- >
- > Certainly we can agree that "speaking" via wires or on public
- > "airwaves" is not, ultimately, free. Given that resources are
- > consumed, there will be regulations for use.
-
- Public airwaves are a limited resource, and thus there are stronger
- regulations imposed upon them. Speaking via wires, of course, depends
- on who owns the wires (or fiber or whatever) and whether it is a common
- carrier or what.
-
- > But does society have the right, *after* due process, to see behind
- > any secrecy veil a private citizen may erect? While a citizen may
- > not be compelled to testify against himself, his or her "houses,
- > papers, and effects" are only protected from *unreasonable* "search
- > and seizure" (that is, without a warrant issued for probable cause).
- >
- > Since society *did* have an existing right to penetrate secrecy
- > (*after* due process) under The Constitution, we would have to
- > argue that there is no social need for such access under new
- > security technology. Can anyone believe that no cases will exist
- > under which society will require such access? Thus, is punishment
- > for failure to allow access (*after* due process) somehow not
- > a legitimate law?
-
- If you search my apartment for evidence to use against me and find a
- document written in Chinese, can you force me to translate it into
- English for you?
-
- How about if it's in an obscure dialect, and nobody versed in it can be
- located?
-
- In the case above, you can subpoena the plaintext. Of course, you can't
- subpoena it from the guy himself, since that would be self-incrimination.
- Because such a law would violate Constitutional protection against
- self-incrimination, yes, it would be "somehow not a legitimate law."
- Of course, if anyone other than the guy in question knows the plaintext,
- or key, or something else about the material, you can always make
- him(her) testify.
-
- The govt can issue a warrant to search your premises, but you don't have
- to help them find things or understand the meaning of what they find.
-
- > I think it would be easier to argue for legislation setting higher
- > standards for warrants than it would be to argue that all personal
- > information is ultimately private under all circumstances.
-
- No, it isn't. However, personal information which is not obtainable
- without my cooperation (such as facts I have memorized) cannot be
- obtained without my consent for use against me. If you disagree with
- the Founding Fathers on this one, OK, but don't expect others to like
- that position.
- --
- Marc VanHeyningen mvanheyn@whale.cs.indiana.edu MIME & RIPEM accepted
-
-
- Art is experimental, or it isn't art.
-