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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: Limits on the Use of Cryptography?
- Message-ID: <1992Nov13.075603.8557@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1992Nov11.061210.9933@cactus.org> <1992Nov13.012545.29228@news.eng.convex.com>
- Date: Fri, 13 Nov 1992 07:56:03 GMT
- Lines: 131
-
-
- In <1992Nov13.012545.29228@news.eng.convex.com>
- gardner@convex.com (Steve Gardner) writes:
-
-
- >In article <1992Nov12.230445.25742@cactus.org> ritter@cactus.org
- >(Terry Ritter) writes:
- >> Computer cryptography makes it possible for those who accumulate
- >> information to avoid the due-process search which is expected
- >> when people accumulate things.
- > Good memory that is sufficiently selective during a trial
- > makes it possible for those who accumulate information to
- > avoid the due-process search which is expected when people
- > accumulate things.
- >
- > Do you see what is wrong with this sentence? Think about it.
- > Then . . . repeat after me: Information is not a thing.
- > Information is not a thing.
-
- Actually (wearing my hat as a computer engineer), I directly dispute
- the statement that "Information is not a thing." I am unaware of
- any concept of "information" which is not held by some "thing."
- Paper is a thing. Silicon is a thing. Capacitors are things.
- Magnetic domains exist in magnetic material which is a thing.
- Molecules, atoms and electrons are things. Brain cells are things.
- About the only way to store information in "no thing" is by
- electromagnetic waves, but if that information is ever to be used
- (Q: Is unused information "information"?), it must somehow *affect*
- a *thing*. Information is *always* associated with things.
-
- To return to the point, society has agreed that a person should
- not be compelled to testify against his or herself for any reason.
- (Presumably, this was intended to eliminate some of the abuses of
- torture which occurred in Spanish, English and American societies
- of that period.) But this fact provides no basis for arguing that
- society does not indeed lay claim to any and all *other*
- information, under legal warrant. The Constitution testifies that
- society does have such a claim.
-
- This is the way our society has been. Cryptography and computers
- change this in a fundamental way. We might argue that this
- cornerstone of our society is not very important, or perhaps that
- it *should* be changed, but we cannot argue that a sea-change
- is not about to happen because of cryptography.
-
-
- >> 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.
- > It will still be impenetrable for law enforcement in the
- > case of criminals. Unless you make the "crime" of an illegal
- > encryption device (ie. a computer with th appropriate software)
-
- I believe most readers will recall that I have clearly stated,
- several times, ***FOR THE PURPOSE OF DISCUSSION***, two approaches:
-
-
- 1. Require users to register their keys in advance; presumably,
- creating or transmitting enciphered information which could
- not be accessed by a registered key would itself be a crime.
-
- This could be surprisingly tricky to prove.
-
- This implies a key-registration bureaucracy, and also
- supports wiretapping for content without warning the
- target.
-
- It inconveniences 99% of the users, simply to allow access
- to the other 1%, who would not use registered keys anyway.
-
- Misused, it would also allow "fishing expeditions."
-
-
- 2. As an alternative, I have proposed that each user be
- responsible for providing keys, after the fact, in response
- to a legal warrant. Failure to do so would be a crime.
-
- This would be easy to prove, although there would always be
- some percentage of honest mistakes which juries would have
- to address.
-
- This would eliminate the key-registration bureaucracy, but
- *would* require users to archive their keys without fail.
- This would inconvenience all users to some extent, and
- would make the use of cryptography a serious issue.
-
- It would prevent wiretapping for content (but not traffic
- analysis), but would warn an entire conspiracy the instant
- a single individual was approached.
-
- "Fishing expeditions" would rapidly become apparent.
-
-
- Note that neither of these cases make computers, cryptographic
- software, or cryptography itself, illegal.
-
-
- > comparable to the most heavily punished felonies recognized by
- > the law criminals commiting those felonies will use it and they will
- > consider the risk quite acceptable. The only people who will be denied
- > the right to some privacy from big brother will be decent
- > law abiding citizens. I don't understand why you can't see
- > this. Is it really that hard a concept?!?
-
- I see very well that criminals would not register keys, and would
- not provide access to enciphered information. This would be a
- crime in itself, and if this were the only thing the authorities
- could prove, it would at least be something. Probably, failure to
- disclose enciphered information would be a fact disclosed to the
- jury in the larger case, and so would have an effect there as well.
-
- The defendant would still have the right to not testify against
- (him/her)self without prejudice. But failure to "open his/her
- books" *could* be used against him/her. (I am an engineer and
- not a lawyer; I *assume* that testimony about "destruction of
- evidence" can be used in a larger case now.)
-
- I do note that the traditional protections accorded to notes taken
- by the press may (if enciphered) need to be excepted, or handled
- on a case-by-case basis.
-
-
- *IF* we find that society *does* have an unexpected ultimate
- "right" to access private information, we may want to find some
- least offensive way to provide such access, as opposed to being
- forced to accept whatever proposal the 3-letter agencies would
- prefer.
-
- ---
- Terry Ritter ritter@cactus.org
-
-