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- Newsgroups: sci.crypt
- Path: sparky!uunet!cs.utexas.edu!milano!cactus.org!ritter
- From: ritter@cactus.org (Terry Ritter)
- Subject: Re: A new encryption problem?
- Message-ID: <1992Nov13.075430.8494@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <1992Nov13.011516.27463@news.eng.convex.com>
- Date: Fri, 13 Nov 1992 07:54:30 GMT
- Lines: 91
-
-
- In <1992Nov13.011516.27463@news.eng.convex.com>
- gardner@convex.com (Steve Gardner) writes:
-
- >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?
-
- The collected body of people who function under The Constitution.
-
-
- >From whence do
- > its rights issue?
-
- From the agreements chartered by The Constitution.
- (At least! Perhaps also common law and unwritten moral law).
-
-
- >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.
-
- "Agents of the government" do arrest people *under the authority*
- granted by *social institutions*.
-
-
- >> 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.
-
- Well, I'm not really going to get into the semantics of the
- difference between "society" and "the government". Does "the
- government" enforce law for itself, or does it in some sense
- "stand for" society at large and draw its authority from that
- body?
-
- The Constitution certainly *does* recognize things which
- we would call "rights" if the government were an individual.
- If semantically these things are not "rights," feel free to
- change my use of the term to whatever you think it should be.
- Changing the term does not change the point:
-
- Prior to the advent of personal computers and strong cryptography,
- anything beyond what one could remember was, in the end, open to
- examination by society. As far as I know, this was a traditional
- and accepted basis for much or most of Western society. Personal
- computers and cryptography have changed the ability of (the agents
- of) society to perform that function, which might challenge the
- relationship between law enforcement and society at large.
-
-
- >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.
-
- Well, there seems to be a lot of "fuzzy thinking" going around.
-
- Consider the wording of The Fourth Amendment:
-
- The right of the people to be secure in their persons, houses,
- papers, and effects, against unreasonable searches and
- seizures, shall not be violated, and no warrants shall issue,
- but upon probable cause, supported by oath or affirmation,
- and particularly describing the place to be searched, and
- the persons or things to be searched.
-
- Clearly this protects a "right of the people." But it *also*
- implicitly recognizes (in my terms) a "right" of government to
- search and seize, provided only that a specific warrant issues
- based on probable cause.
-
- ---
- Terry Ritter ritter@cactus.org
-
-