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- From: leichter@zodiac.rutgers.edu
- Newsgroups: sci.crypt,comp.org.eff.talk
- Subject: Re: A Silver Bullet to Limit Crypto?
- Message-ID: <1992Nov16.085246.1@zodiac.rutgers.edu>
- Date: 16 Nov 92 13:52:46 GMT
- References: <1992Nov11.183644.14979@netcom.com> <1992Nov12.042549.11780@clarinet.com> <1992Nov12.202330.22580@cactus.org> <1e0vrvINNr3t@transfer.stratus.com>
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- In article <1e0vrvINNr3t@transfer.stratus.com>, cme@ellisun.sw.stratus.com
- (Carl Ellison) writes:
- > In article <1992Nov12.202330.22580@cactus.org> ritter@cactus.org (Terry
- Ritter) writes:
- ||
- || Inevitably there must be limits to all rights. What are the limits
- || on the individual's right to secrecy?
- ||
- | What are the limits on an individual's right to keep a thought inside
- | his own head?
- |
- | I would assume that there are no limits to that right.
- |
- The thing that makes this whole debate so frustrating is that the same point
- has to be made again, and again, and again.
-
- Carl, you are wrong. You can assume anything you like about the privacy of
- the thoughts in your own head, but no such privacy right has ever existed,
- in the US or anywhere else I know of. What we hav in the US is a right not
- to be forced to testify against yourself. Every thought in your head on any
- other subject is in bounds. You can be compelled to testify as to your know-
- ledge of matters of fact, as to your opinions, as to your likes and dislikes,
- so long as they are held by a court to be relevent to its business at hand,
- and do not serve to incriminate you.
-
- Sure, you can lie. You can claim you "don't remember". Maybe you'll get
- away with it; maybe you'll be convicted of perjury. The same is true of
- stealing cars.
-
- Always keep in mind that conviction requires a prosecuter to convince a jury
- of your peers, beyond a reasonable doubt, that you lied. "Beyond a reasonable
- doubt" is not mathematical certainty. To take a trivial example, you can of
- course claim in court that you don't remember your mother's name. It's quite
- true that no one can read your mind and know with certainty that you haven't
- somehow forgotten it. But if it comes to a jury, you'd better have something
- stronger than your simple claim (like, you were adopted and no one ever told
- you the name - but then why did you say you don't REMEMBER it, rather than
- that you don't KNOW it?) or you WILL be convicted.
- -- Jerry
-