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- Newsgroups: sci.crypt
- Path: sparky!uunet!gumby!yale!cs.yale.edu!news-mail-gateway!daemon
- From: WHMurray@DOCKMASTER.NCSC.MIL
- Subject: Shifting the Grounds
- Message-ID: <921113194734.585806@DOCKMASTER.NCSC.MIL>
- Sender: WHMurray.ISSA@DOCKMASTER.NCSC.MIL
- Organization: Yale CS Mail/News Gateway
- Date: Fri, 13 Nov 1992 19:47:00 GMT
- Lines: 37
-
-
- >But, whatever the state of the law actually is, I don't see any
- >reason that cryptography requires any _special_ treatment. It just
- >isn't really different than a wall safe.
-
- > 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.
- >
- cactus.org
-
- It is cheaper and more effective. It remains to be demonstrated
- whether that difference of degree is sufficient to constitute a
- difference in kind. However, if you want to treat it differently
- under the law, then the burden of proof is on you; the presumption
- goes to me.
-
- Likewise, the burden is on you to show that the different treatment
- under the law would achieve some justifiable end. You seem to think
- that it is sufficient to demonstrate that such an end exists, while
- ignoring the fact that your proposals, no matter how legislatively
- and technically elegant, do not achieve that end. You seem to want us
- to ignore the fact that all of the legislation and regulation
- in the world will not put the technological djinn back in the bottle.
-
- Denying the legitimate use of technology will not prevent its illegitimate
- use. This is probably true in the general case, but is clearly true in this
- one.
-
- You have played a rhetorical trick in shifting the grounds
- of the argument away from this fact, but you have not changed it. If you
- insist upon ignoring it while pushing your present line of argument, you will
- put your motives into question.
-
- William Hugh Murray, Executive Consultant, Information System Security
- 49 Locust Avenue, Suite 104, New Canaan, Connecticut 06840
- 0 700 968 7729, WHMurray at DOCKMASTER.NCSC.MIL
-