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- From: ritter@cactus.org (Terry Ritter)
- Newsgroups: sci.crypt
- Subject: Re: Limits on the Use of Cryptography?
- Message-ID: <1992Nov12.230445.25742@cactus.org>
- Date: 12 Nov 92 23:04:45 GMT
- References: <1992Nov11.061210.9933@cactus.org> <1992Nov12.160033.26502@rchland.ibm.com>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- Lines: 47
-
-
- In <1992Nov12.160033.26502@rchland.ibm.com>
- lwloen@rchland.vnet.ibm.com (Larry Loen) writes:
-
- >I think there is no need for a new law
- >at all. I am not a legal expert, but I think that only information
- >in one's own brain is exempt from involuntary surrender. Else, why
- >have search warrants in the first place?
-
- It is one thing to be forced to surrender ciphertext, and quite
- another to be forced, under criminal penalty, to surrender the
- associated plaintext. The point of this would be the ability to
- convict someone who will not and *can* not afford to reveal the
- plaintext because of greater penalty.
-
- Many people (not so many here, of course) believe there *is* a
- need for a new law. Abstractly, I would prefer that everybody be
- free to do everything; I find myself in the unfortunate position
- that these desires are limited by reality. In practice, it seems
- to be necessary to have some limits and controls to allow society
- to stumble along.
-
- I have never had the experience of being searched under a warrant;
- I expect that I would take it as an invasion of my privacy. But
- the reality is that such an "invasion" is *our heritage* under
- common law. Moreover, I am not aware that due-process search is
- an active civil rights or personal freedom issue. Can we really
- expect to avoid this accepted part of our heritage simply because
- we have a new technology that makes that possible? I expect that
- if we wish to eliminate the use of warrants we will have to
- confront that issue directly in a political forum.
-
- Computer cryptography makes it possible for those who accumulate
- information to avoid the due-process search which is expected
- when people accumulate things.
-
-
- >But, whatever the state of the law actually is, I don't see any
- >reason that cryptography requires any _special_ treatment. It just
- >isn't really different than a wall safe.
-
- The difference is that what was once rare and easily breached by
- the authorities is now on its way to becoming common and
- impenetrable. Cryptography really is different from a wall safe.
-
- ---
- Terry Ritter ritter@cactus.org
-