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- Newsgroups: sci.crypt
- Path: sparky!uunet!ornl!utkcs2!darwin.sura.net!wupost!cs.utexas.edu!milano!cactus.org!ritter
- From: ritter@cactus.org (Terry Ritter)
- Subject: Re: A new encryption problem?
- Message-ID: <1992Nov12.205330.23223@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <1992Nov12.012409.26925@news.cs.indiana.edu>
- Date: Thu, 12 Nov 1992 20:53:30 GMT
- Lines: 33
-
-
- In <1992Nov12.012409.26925@news.cs.indiana.edu> Marc VanHeyningen
- <mvanheyn@whale.cs.indiana.edu> writes:
-
-
- >"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.
-
- 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?
-
- 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.
-
- ---
- Terry Ritter ritter@cactus.org
-
-