Article View: sci.crypt
Article #201Re: A Trial Balloon on Registered Keys
From: David Sternlight
Date: Thu, 29 Oct 1992 21:22
Date: Thu, 29 Oct 1992 21:22
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Blandford's proposal has a fatal weakness. There's nothing to prevent someone providing a nonsense key. To check this the government would have to decrypt the traffic of citizens at least randomly, without any warrants or probable cause. That goes far beyond the intent of Blandford's proposal. Of course they could make the furnishing of a false key itself an offense, but they couldn't prosecute with clean hands unless the person was already the subject of a probable cause warrant permitting access to his traffic. At that point, unless the penalties for furnishing a false key were more severe than those for the crimes the decrypted traffic might reveal, he could choose the lesser penalties. That leaves the innocent civilian caught up in a mistaken probable cause warrant, who has chosen to furnish a false key. He could probably purge himself of the charge by furnishing a real key at that point and plead mitigation on the basis of his interpretation of the Constitution. The sentence would likely be light if the Feds insisted on prosecution, but more likely the embarassment and the possibility of a constitutional challenge would cause them to go away quietly with the real key Meanwhile, those who furnished false keys and weren't the subject of probably cause warrants would feel "safe in their persons, papers, and effects." Thus, I think the whole proposal unworkable, quite separate from its offensive civil liberties implications.
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arc1-ca.pugleaf.net!sparky!uunet!pipex!bnr.co.uk!bnrgate!corpgate!news.utdallas.edu!wupost!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!cis.ohio-state.edu!magnus.acs.ohio-state.edu!usenet.ins.cwru.edu!agate!ames!kronos.arc.nasa.gov!iscnvx!netcomsv!netcom.com!strnlghtReferences:
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Newsgroups: sci.crypt Path: arc1-ca.pugleaf.net!sparky!uunet!pipex!bnr.co.uk!bnrgate!corpgate!news.utdallas.edu!wupost!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!cis.ohio-state.edu!magnus.acs.ohio-state.edu!usenet.ins.cwru.edu!agate!ames!kronos.arc.nasa.gov!iscnvx!netcomsv!netcom.com!strnlght From: strnlght@netcom.com (David Sternlight) Subject: Re: A Trial Balloon on Registered Keys Message-ID: <1992Oct29.212229.20801@netcom.com> Organization: Netcom - Online Communication Services (408 241-9760 guest) References: <1992Oct28.163601.6155@tessi.com> <51398@seismo.CSS.GOV> <1992Oct29.004427.8934@muddcs.claremont.edu> Date: Thu, 29 Oct 1992 21:22:29 GMT Lines: 30