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- Newsgroups: sci.crypt
- Path: sparky!uunet!noc.near.net!news.Brown.EDU!qt.cs.utexas.edu!cs.utexas.edu!milano!cactus.org!ritter
- From: ritter@cactus.org (Terry Ritter)
- Subject: Re: A new encryption problem?
- Message-ID: <1992Nov13.094029.10275@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1060.517.uupcb@grapevine.lrk.ar.us> <1992Nov12.213519.9323@news.cs.indiana.edu>
- Date: Fri, 13 Nov 1992 09:40:29 GMT
- Lines: 57
-
-
- In <1992Nov12.213519.9323@news.cs.indiana.edu>
- Marc VanHeyningen <mvanheyn@whale.cs.indiana.edu> writes:
-
-
- >If you search my apartment for evidence to use against me and find a
- >document written in Chinese, can you force me to translate it into
- >English for you?
-
- I have seen no proposal to change this.
-
-
- >How about if it's in an obscure dialect, and nobody versed in it can be
- >located?
-
- Nor this.
-
-
- >In the case above, you can subpoena the plaintext. Of course, you can't
- >subpoena it from the guy himself, since that would be self-incrimination.
- >Because such a law would violate Constitutional protection against
- >self-incrimination, yes, it would be "somehow not a legitimate law."
-
- Right. We are discussing the use of the new technology of
- computers and cryptography, and just what "rights" and "limits"
- apply to the new situation.
-
-
- >However, personal information which is not obtainable
- >without my cooperation (such as facts I have memorized) cannot be
- >obtained without my consent for use against me.
-
- Nonsense. Clearly you are not required to yield your memories.
- However, *anything* (you) write or "have" *can* be "obtained
- without (your) consent for use against (you)," provided only that
- a specific warrant does issue for probable cause.
-
- Before computers and modern cryptography, this was an issue which
- was not pervasive, and so did not need to be addressed. Perhaps
- that is no longer the case.
-
-
- >If you disagree with
- >the Founding Fathers on this one, OK, but don't expect others to like
- >that position.
-
- Apparently you have some direct connection to the Founding Fathers
- which I do not.
-
- Since I have access only to the document itself, I can only form
- an opinion by reading it, and I believe my position is entirely
- consistent with the Fourth Amendment.
-
- ---
- Terry Ritter ritter@cactus.org
-
-
-