home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!news.tek.com!uw-beaver!cs.ubc.ca!destroyer!sol.ctr.columbia.edu!usc!news.service.uci.edu!beckman.com!dn66!a_rubin
- Newsgroups: sci.crypt
- Subject: Re: Limits on the Use of Cryptography?
- Message-ID: <a_rubin.721673990@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 13 Nov 92 16:59:50 GMT
- References: <1992Nov11.061210.9933@cactus.org> <1992Nov13.012545.29228@news.eng.convex.com> <1992Nov13.075603.8557@cactus.org>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 58
-
- In <1992Nov13.075603.8557@cactus.org> ritter@cactus.org (Terry Ritter) writes:
-
-
-
- > 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.
-
- _I_ think this would violate the Fifth Amendment. Also, it might be
- physically impossible, as the key generator would probably be in equipment
- seized, as well as the encrypted files.
-
- > 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.
-
- In addition, as I noted in another message, there is no duty to actively
- cooperate with a warrent; only to provide the information. (I can't
- remember what case it was, but a defendant in a government civil case once
- provided about 10,000,000 pages of documents to the government, saying
- "what you asked for is in there somewhere, but we don't know how to find
- it." I'm not sure what happened on appeal.)
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-