🚀 go-pugleaf

In article <1992Nov2.084229.1@zodiac.rutgers.edu> leichter@zodiac.rutgers.edu writes:
>PS:  Much has been made in this discussion about the Fifth Amendment.  The
>Fifth Amendment does NOT protect "what is in your mind".  It protects you
>against self incrimination.  The courts have always had the right to compel
>you to reveal what you know about a crime SOMEONE ELSE committed - even your
>closest friend.  Even where "what is in your mind" might incriminate you, the
>government can grant you immunity from prosecution and then compel you to
>talk.


To me, the biggest threat in the wiretap proposals and the FBI's earlier
attempt to get back doors into encryption devices is that this wiretapping
occurs in secret.  The machinery is there to be abused, in secret.  Even if
it isn't abused -- even if the courts have ordered each tap -- the taps are
performed in secret.

If a Grand Jury orders *me* to divulge *my* secret key, I personally would
probably do it because I have nothing to hide and prefer not to go to jail
-- but I don't consider this a loss in the same category as allowing the
government to spy on all of us in secret.  I would never give up my keys to
some federal agency ahead of time.  That allows secret spying.  The gov't
might continue to do so -- via bug planting -- but at least we have hope
that some future Watergate night watchman would catch them.




Whatever we do to discuss ways to balance a court order for access to
communications (given that such are legal in this country and a few other
places) and a citizen's right for privacy, I'd like us to focus on making
sure that whatever the Gov't does, it can not remain secret -- that it's
built into the machinery (protocols, ...) that the audit trail becomes
public knowledge in time to embarrass any elected government (ie., before
an election) if they're abusing it.



The same consideration could be given to databases of personal information
(eg., credit bureau stuff).

Cryptography is a tool for controlling access to information, not just for
keeping secrets.  We have *many* problems with information access having
gotten out of control.  Maybe we can get it back under control, thanks to
crypto -- and, if so, maybe our own routine phone calls can be brought
under access control as well.

-- 
-- <<Disclaimer: All opinions expressed are my own, of course.>>
-- Carl Ellison						cme@sw.stratus.com
-- Stratus Computer Inc.	M3-2-BKW		TEL: (508)460-2783
-- 55 Fairbanks Boulevard ; Marlborough MA 01752-1298	FAX: (508)624-7488