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- From: kurt@eskimo.celestial.com (Kurt Cockrum)
- Newsgroups: sci.crypt
- Subject: Re: Limits on the Use of Cryptography?
- Summary: Hope not!
- Message-ID: <1992Nov12.214312.25542@eskimo.celestial.com>
- Date: 12 Nov 92 21:43:12 GMT
- References: <1992Nov11.061210.9933@cactus.org>
- Organization: >>> Eskimo North (206)-FOR-EVER <<<
- Lines: 106
-
- In article <1992Nov11.061210.9933@cactus.org> ritter@cactus.org (Terry Ritter) writes:
- >
- > Although the discussion of key registration has been interesting,
- > it does seem a bit like shooting fish in a barrel. Discussing the
- > proposition on a computer network invokes an inherent bias in most
- > readers. So, suppose we give the issue a different environment:
- >
- > The police bust an alleged child molester, and take possession
- > of his PC. They believe that the hard drive contains a full
- > database of young kids who have been *or may be* assaulted.
- > That database is enciphered.
-
- Well, if they *already* have enough evidence to put the person away
- for a long time, the contents of the disk are moot, it seems to me.
- If people don't *already* know who the kids are who were assaulted,
- by virtue of observation of evident trauma or some other visible sign
- (i. e. there's no *obvious* wrong to right) or by confession, then it's
- not clear how
- "justice" might be served by looking for more subtle signs, possibly
- encrypted, but more likely contrived. I think at some point one has
- to ask oneself whether one
- is really seeking *information* or is one just looking for a reason to
- ransack, rummage and/or trash a malefactor's possessions, or does one
- have hidden agendae or even ulterior motives? What's *really* going on?
-
- It would seem to me that if there are people suffering from the person's
- assaults, that they could easily be treated without knowing the contents
- of the disk. If they can't, we should be asking why these helping/healing
- professions can't do their job, not advocating easy decryption of concealed
- data. I doubt that they have much to do with each other.
-
- We ought to be investigating why there are so many assaults of this kind,
- not restricting concealed communications so we can catch more criminals.
-
- > Now, your mission, should you decide to accept it, is to defend
- > cryptography to ordinary voters, congress people and newspaper
- > reporters. You also need to explain to a relative of one of those
- > kids, someone who doesn't own or work with a computer, why the
- > government should "allow" private cryptography which could hide
- > this sort of information.
-
- I would defend cryptography by saying that child molesting has nothing
- to do with cryptography. Does the fact that the child-molester
- is an air-breather means we ought to regulate air-breathing?
- After all it's the child-molesting we want to stop, not the
- air-breathing/cryptography.
-
- What information could *conceivably* be on the disk that could help that
- relative work thru their grief? The nature of the problem that the relative
- has is *not* a *puzzle*, with a concealed *clue*, that will aid in its
- solution. It's in an entirely different domain and has to be solved with
- techniques that have nothing to do with cryptography. I'm not entirely sure
- just *what* business law enforcement should be in, but I'm fairly sure that
- it doesn't include counseling the bereaved.
-
- The relative ought to have had competent counseling in the first place.
- It's not the cryptographer's job to clean up the messes the legal system,
- law enforcement people, and the so-called "helping professions" make.
-
- > You *could* say that cryptography does not molest children, that
- > only molesters molest children. Or you could say that if ciphers
- > are outlawed, only outlaws will have ciphers, and that criminals
- > would not register keys anyway. But the district attorney might
- > point out that, if the law required key registration (or even just
- > the delivery of keys *after* a formal court hearing), the molester
- > could at least be convicted on *that* charge, and would not be
- > molesting anybody for a while.
-
- What's with this eagerness to convict? "could at least be convicted" --
- does that mean the person couldn't be convicted on the child molesting
- charge? What does that mean? That the person was innocent?
- This is the reason we have jaywalking laws, and the reason we have RICO --
- it's a way of targeting those *we* *don't* *like* because our legal process
- found them innocent, contrary to our wishes, and allows us to retain the
- letter of due process while violating the hell out of the spirit.
-
- > So what do *you* say?
-
- Why not just punish the molester for molesting? Who really gives a shit
- about all those parking tickets, or whether the molester encrypts his
- diary?
-
- I say that if the DA can't get the guy except on some piddling bullshit
- like that, that's tantamount to a public admission of incompetence (inability
- to judge probable cause for having committed a crime -- remember the
- McMartin trials in LA, where the DA, Ira Reiner spent $12 million on 3(!)
- trials to try to convict the McMartins and failed each time to obtain a
- conviction?), and he ought to be replaced. There's this assumption that
- "he wouldn't be guilty if he weren't tangled up with us" that seems to be
- prevalent among law enforcement types and security-minded citizens.
- I think it excuses a lot of fishing expeditions.
-
- In short, Terry, your child molester is a straw man and doesn't have
- much to do with cryptography.
-
- When we get down to the bottom line, I'm a selfish son-of-a-bitch who
- doesn't want to trade his freedoms for less crime. If I have the freedom,
- I can deal with the crime my own way. I don't need help. I just "vant
- to be alone," paraphrasing Greta Garbo's immortal words.
-
- Better 1000 criminals loose than one innocent person's freedom curbed!
-
- Sorry about all the non-crypto talk :)
- --
- kurt@grogatch.celestial.com (Kurt Cockrum)
- Subvert the Anti-Gands! F-IW MYOB
-