Article View: sci.crypt
Article #14Re: A Trial Balloon to Ban Encryption?
From: Brett Stewart
Date: Tue, 27 Oct 1992 15:10
Date: Tue, 27 Oct 1992 15:10
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3067 bytes
In article <1992Oct26.203050.14752@netcom.com>
strnlght@netcom.com (David Sternlight) writes:
>
> [summary of May's earlier posting and comments thereto deleted]
>
>The law enforcement and intelligence agencies have gained much
>invaluable national security and anti-crime information through
>cryptanalysis. But this activity is based on their skill, not on
>circumscribing the rights of the rest of us, particularly the right
>to feel secure in our persons and property.
>
> [...]
>
>Now the intelligence and anti-crime services, like the proverbial
>camel with his nose under the tent, want to redefine what they've
>accomplished by skill as a "right" of theirs, and obtain legislation
>to force others to give it to them in the face of new technology, by
>compulsory and ubiquitous wiretap installations (which we are assured
>will only be activated with a court order--remind anyone of any other
>place and time?) and now we see this proposal for compulsory access to
>encrypted traffic (of course only with a court order). Try to "take
>back" your key and your previous traffic if a future bureaucracy eases
>the protections. It's happened before, and secretly.
>
In discussing this with an an attorney acquaintance with experience
on the FBI side, his immediate and cynical response to the idea of
court-ordered protection of privacy was generally as follows:
1) Law enforcement people routinely violate the court-order
restriction and wiretap;
2) Via the wiretap, they learn of some other evidence they can
collect of an illegal activity;
3) Using the fruits of step 2, they appear before a court and
obtain the court order, omitting the fact that the fruits of
step 2 were obtained by the illegal act of step 1, and
4) Voila! a court-ordered wiretap!
For the readership of this group, it is superfluous to point out
that this abhorrent practice has nothing to do with being pro-crime
or anti-crime. It does have to do with the idea that the government
shouldn't break laws it expects the citizenry to obey - any laws
whatsoever. The rule of law, and no person being above it, is one
of the most basic tenets of American society.
So why give (probably) well-meaning law enforcement people the means
to commit such a criminal sequence of acts?
--
Brett Stewart
Advanced Micro Devices, Inc. +1 512 462 5101 FAX
5900 E. Ben White Blvd MS526 +1 512 462 4336 Telephone
Austin, Texas 78741 USA Brett.Stewart@AMD.com
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<1992Oct26.180813.7002@netcom.com> <1992Oct26.203050.14752@netcom.com>Show Full Headers
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Path: arc1-ca.pugleaf.net!sparky!uunet!europa.asd.contel.com!darwin.sura.net!wupost!cs.utexas.edu!sun-barr!news2me.EBay.Sun.COM!exodus.Eng.Sun.COM!sun!amdcad!dvorak.amd.com!brett From: brett@dvorak.amd.com (Brett Stewart) Newsgroups: sci.crypt Subject: Re: A Trial Balloon to Ban Encryption? Message-ID: <1992Oct27.151042.29811@dvorak.amd.com> Date: 27 Oct 92 15:10:42 GMT References: <1992Oct26.180813.7002@netcom.com> <1992Oct26.203050.14752@netcom.com> Organization: Advanced Micro Devices, Inc.; Austin, Texas Lines: 52