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- From: uri@watson.ibm.com (Uri Blumenthal,35-016,8621267,)
- Subject: Re: the Right of Privacy
- Originator: uri@aixproj.watson.ibm.com
- Sender: news@watson.ibm.com (NNTP News Poster)
- Message-ID: <1992Nov16.005911.94171@watson.ibm.com>
- Date: Mon, 16 Nov 1992 00:59:11 GMT
- Disclaimer: This posting represents the poster's views, not necessarily those of IBM
- References: <1992Nov15.065352.2764@cactus.org>
- Nntp-Posting-Host: aixproj.watson.ibm.com
- Organization: IBM T.J. Watson Research Center
- Lines: 85
-
- From article <1992Nov15.065352.2764@cactus.org>, by ritter@cactus.org (Terry Ritter):
- >
- >>2. Yes, there is a difference between the "things" and "information".
- >
- > Any such distinction is illusory; there is no information without
- > a "thing" to hold it.
-
- How about a brain for a "thing" to hold it? A thought, which
- hasn't even materialized into words? A smell? A ... <this list
- could go on for a long time>
-
- > The point of this is that while The
- > Constitution does prevent a court from demanding the information
- > stored by the things in your mind, it also recognizes the "right"
- > of the government to anything *not* in your mind.
-
- OK, then you can have my diary encrypted by an odd system
- invented by me and based on super-mnemo-DES. The method
- itself and the keys are stored in my head. Help yourself.
-
- > Some posters believe that this may apply to cryptography *now*.
- > That is, it may be within the power of a court to order a defendant
- > to deliver *plaintext* for seized ciphertext.
-
- A. No way.
- B. There is no precedent to this, though there were several
- cases, where encrypted materials were involved. In one
- of them gov't got a good cryptanalist (Mrs. Friedman :-),
- who managed to break the code - but apparently it wasn't
- in court's power to order the plaintexts fom the
- defendants.
-
- > Of course, the
- > "only" penalty that I can see for opposing such an order would be
- > contempt of court. As this is unlikely to be very productive, a
- > future government might want to make the penalty considerably more
- > interesting, or eliminate any current ambiguity in the "right" to
- > make such a demand.
-
- Of course, I wouldn't bet my life on that - if the gov't is going
- to take all this bull***t seriously, it will make sure the
- penalties are stiff enough to deter those who normally
- obeys the laws (except speed limits, maybe :-), from
- violating this stupid one...
-
- > But future legislation could restrict the right to use
- > cryptography to those who are willing to accept the possible audit
- > of their ciphered information under due process.
-
- I think, that [according to the aforementioned :-] what you say,
- contradicts the Constitution.
-
- > I guess the thing I find most irritating about this post is the
- > attitude that somehow *you* get to decide what rules you will obey,
- > or what you will *allow* government to do. This seems strangely
- > unlike the "rule of law" under which I must operate.
-
- Huh? What is this all about?!
-
- > I'm really too old to be impressed by a swaggering attitude about
- > what you will or will not permit government to do. If such a law
- > passes, you will comply or go to jail. You can have a good swagger
- > there.
-
- That's correct. And I remember there were [are?] states, in which
- it was [is?] a law to report to the Secret Police immediately
- anybody speaking bad about the gov't... And of course lots
- of people did go to jail (or rather, to concentration
- camp)... So what I find most irritating about all
- this is how too many of Americans are too
- err, anti-smart to do thei best to make
- such a system possible here... Or do
- they really need a sharp boot toe
- in the right spot to get wise?
-
- > Apparently, we must first teach the rule of law and the concept
- > that legislation can prevent one from doing things which one
- > wants to do. It sounds a little like teaching maturity.
-
- "Doctor, cure yourself first!"
- --
- Regards,
- Uri. uri@watson.ibm.com
- ------------
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