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- Newsgroups: sci.crypt
- Path: sparky!uunet!ornl!utkcs2!darwin.sura.net!convex!convex!gardner
- From: gardner@convex.com (Steve Gardner)
- Subject: Re: A new encryption problem?
- Sender: usenet@news.eng.convex.com (news access account)
- Message-ID: <1992Nov13.011516.27463@news.eng.convex.com>
- Date: Fri, 13 Nov 1992 01:15:16 GMT
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <1992Nov12.012409.26925@news.cs.indiana.edu> <1992Nov12.205330.23223@cactus.org>
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- Organization: Engineering, CONVEX Computer Corp., Richardson, Tx., USA
- X-Disclaimer: This message was written by a user at CONVEX Computer
- Corp. The opinions expressed are those of the user and
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- Lines: 54
-
- In article <1992Nov12.205330.23223@cactus.org> ritter@cactus.org (Terry Ritter) writes:
- > 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).
- What is this "society" you speak so blythely of? From whence do
- its rights issue? IMHO only individuals have rights. When one uses
- the word "society" it is usually a cover for "government authority"
- which is often a cover for whichever group of elites has managed
- to wrest control of the coercive powers of the state.
- "Society" is just a smoke screen here. Society never arrests people.
- Agents of the government do. Society never exercises constitional
- rights, individuals do.
-
-
- > 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.
- The constitution gives no rights to society. It spells out
- what a group of individuals called the the government can and
- can't do. It also tells what rights other individuals (not
- necessarily part of the government) have when they come in
- contact with the coercive power of the state. The raison
- d'etre of the constitution (and particularly the bill of rights) is
- that the government is made up of individuals that have a perfectly
- human tendency to abuse the rights of other individuals.
- Fuzzy thinking about "society" misses this point and tends to
- minimize the importance of individual rights.
-
-
- >Can anyone believe that no cases will exist under which society will
- >require such access?
- Society?? More fuzzy thinking.
-
-
-
- >Thus, is punishment for failure to allow access (*after* due process)
- >somehow not a legitimate law?
- Yes.
-
- > 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.
- Recent history has shown that government can and will abuse
- its limits. It has become way too powerful already and you
- want to give it more power. Hasn't its power corrupted it enough
- already? Do you think it needs to be further corrupted?
-
-
- smg
-
-
-