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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: Limits on the Use of Cryptography?
- Message-ID: <1992Nov13.094243.10343@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1992Nov11.061210.9933@cactus.org> <1992Nov12.214312.25542@eskimo.celestial.com>
- Date: Fri, 13 Nov 1992 09:42:43 GMT
- Lines: 105
-
-
- In <1992Nov12.214312.25542@eskimo.celestial.com>
- kurt@eskimo.celestial.com (Kurt Cockrum) writes:
-
-
- >Well, if they *already* have enough evidence to put the person away
- >for a long time, the contents of the disk are moot, it seems to me.
-
- OK, you don't like the child molesting example.
-
- So propose your own worst case.
-
- The point here is to "stand in the other guy's shoes" and use the
- arguments he could use to influence policy. The issue is not this
- particular case, but rather how to confront and defeat such an
- argument when and if proposed. Is an equally serious public interest
- served by having cryptography be absolutely unregulated? Can you
- make that case to an ordinary individual or legislator? If not, we
- risk getting a law we don't want.
-
-
- >I think at some point one has
- >to ask oneself whether one
- >is really seeking *information* or is one just looking for a reason to
- >ransack, rummage and/or trash a malefactor's possessions, or does one
- >have hidden agendae or even ulterior motives? What's *really* going on?
-
- I simplified the example from a supposedly true story. I got it
- from a guy who got it by phone from a supposed law-enforcement
- source. I don't know why they want access to the records, although
- there was a case locally a few years ago, and apparently these guys
- share information, so maybe the idea is to identify other such
- individuals, or gather further testimonial evidence. Maybe they
- just want confirmation of barely-coherent stories from very young
- kids. Maybe they want to identify other possible victims so they
- can get treatment or even medical testing for AIDS or VD. I just
- don't know.
-
-
- >I would defend cryptography by saying that child molesting has nothing
- >to do with cryptography. Does the fact that the child-molester
- >is an air-breather means we ought to regulate air-breathing?
- >After all it's the child-molesting we want to stop, not the
- >air-breathing/cryptography.
-
- I see your point, but I don't think your response would be nearly
- as effective as it needs to be. If people who spend their lives
- trying to make such cases say our work is making this harder,
- well, that certainly is plausible, and we can expect parents,
- legislators and the press to generally believe them.
-
- If previously these guys (in general) kept books, or even plaintext
- databases, which assisted law-enforcement, and now cryptography
- hides this for them, we have a problem. If this is indicative
- of various other crimes and cases, we have a bigger problem.
- It's obviously difficult and expensive to catch and prosecute
- criminals; nobody wants anything new to help them get off.
-
-
- >What's with this eagerness to convict? "could at least be convicted" --
- >does that mean the person couldn't be convicted on the child molesting
- >charge? What does that mean? That the person was innocent?
-
- From what I can tell, these are not easy cases to make. I can
- imagine that children may not be able to even understand much
- about what happened, let alone put it into words. So if the
- authorities found actual records kept by the suspect, that would
- clarify things considerably, and might even eliminate the need
- for a trial.
-
- Again, the issue for cryptography is that this is a "public
- interest minus"; do we have a corresponding "public interest plus"
- to convince legislators, the public and the press that this
- new technology should *not* be regulated?
-
- Can we imagine that early "horseless carriage" pioneers liked
- being regulated? In the end, they were, though.
-
-
- >When we get down to the bottom line, I'm a selfish son-of-a-bitch who
- >doesn't want to trade his freedoms for less crime. If I have the freedom,
- >I can deal with the crime my own way. I don't need help. I just "vant
- >to be alone," paraphrasing Greta Garbo's immortal words.
-
- I may even agree with you, mostly. But what *I* think is pretty
- much irrelevant. The issue is what our legislators think, and
- the arguments we can make to support our case. Also, of course,
- whatever we discover "good citizenship" would be with respect to
- cryptography, if that is less than complete unregulated freedom.
-
-
- >Better 1000 criminals loose than one innocent person's freedom curbed!
-
- I'm not at all sure that most people would agree, especially in
- this sort of case. It's a tough call, but that's the reason
- we have juries.
-
- I just don't think we want to make prosecution harder as an effect
- of what we do, without giving the whole situation quite a lot of
- thought. Is it really *that* important for individuals to have
- absolutely unbreakable ciphers?
-
- ---
- Terry Ritter ritter@cactus.org
-
-