Article View: sci.crypt
Article #2241Re: PGP and real criminals
From: Erik Oliver
Date: Sun, 22 Nov 1992 16:17
Date: Sun, 22 Nov 1992 16:17
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4425 bytes
I would have to disagree completely. The fact that someone behaved in a criminal manner in the past is not apriori evidence that they will behave criminally in the future. Thus, disallowing convicted criminals who have served their sentences from using cryptography goes against the idea that criminals are rehabilitated in prison and the idea that former crimes of a different nature are not admissible evidence in present cases. Further, I return to the whole issue of limiting cryptography, shouldn't we take a lesson from the former USSR where the gov't tried to control every aspect of what was heard. If you disallow DES, PGP, etc, etc, people will just use other methods, fake languages, jibberish, or memorization. For example, I carry a piece of paper with a thousand four digit numbers on it with me at all times. My PIN numbers and other information is encoded on the paper, and given a modicum of intelligence and luck you might be able to decode, however, it merely need be secure enough that you don't get it in 3 tries so that the Mac machine swallows the card. The same idea applies to these criminals, they could write down a few thousand words on a piece of paper, of which only 6 or 7 might be significant to them. Are they using encryption now? I think this whole debate about criminals using encryption then reduces to the whole issue of limiting cryptography. As to the issue of the convicted child molester. The first thing I would like to say is that I am _extremely_ sensitive to the issue of child molestation, having been molested myself, but I am also _extremely_ sensitive to issues of due process, as a jew, I a firmly believe we have to stand up for even the most reprehensible people and insure that they get a fair trial. Because if I don't stand up for this person's rights now, then who will stand up for mine? I am going to assume that the police have some reason to believe this person is engaging in illegal behaviour other than these mysterious encrypted files. If they do have a reason, than that reason either is or isn't admissible in court. If their reason for arresting this person is inadmissible in court, then the case should be thrown out. The fact is, the police can't arrest you without probable cause. Which is a weaker burden of proof than required in the courts, reasonable doubt. It is the job of the police to find probable cause, and provide evidence beyond a reasonable doubt, it is then the job of the DA to prosecute this person. If the police believe this man is molesting children again, how about evidence from a child who was molested instead of trying to pick at straws and complain that this user is encrypting files whose content you are unaware of. Also, remember that the burden of proof for the search warrant is considerably less than required in court for proof of guilt. Personally, I believe that without stronger evidence on behalf of the police, this man is being persecuted for his status as a convicted child molester rather than anything he has done at present. I am fully aware as I say this, that the standard of evidence I am demanding is too hard in many cases, but I know that I was molested, and I could testify against that person. The case would be fairly strong. On the other hand, trying to rely on a notebook kept by molester in which my name appeared along with an addrss wouldn't strike me as a very helpful piece of evidence. >>> END RANT <<< >>> STEP OFF SOAP BOX <<< Sorry for the tirade in this post, but the issue of molestation and fair trials strikes two such powerful chords in me, both from my past and one from the heritage of my people for thousands of years. -Erik
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Newsgroups: sci.crypt Path: arc1-ca.pugleaf.net!sparky!uunet!mcsun!Germany.EU.net!news.netmbx.de!mailgzrz.TU-Berlin.DE!math.fu-berlin.de!news.belwue.de!ira.uka.de!ira.uka.de!sol.ctr.columbia.edu!zaphod.mps.ohio-state.edu!uwm.edu!psuvax1!news.cc.swarthmore.edu!ralph.cs.haverford.edu!eoliver From: eoliver@ralph.cs.haverford.edu (Erik Oliver) Subject: Re: PGP and real criminals Message-ID: <ZWHTBHNZ@cc.swarthmore.edu> Sender: news@cc.swarthmore.edu (USENET News System) Nntp-Posting-Host: ralph.cs.haverford.edu Organization: Haverford College Computer Science Department References: <1579.517.uupcb@grapevine.lrk.ar.us> Date: Sun, 22 Nov 1992 16:17:54 GMT Lines: 69