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- Xref: sparky sci.crypt:4869 comp.org.eff.talk:7084 alt.privacy:2297 talk.politics.guns:24184
- Newsgroups: sci.crypt,comp.org.eff.talk,alt.privacy,talk.politics.guns
- Path: sparky!uunet!gumby!yale!yale.edu!news.yale.edu!watt-alan
- From: watt-alan@net.yale.edu (Alan Watt)
- Subject: Re: Registering "Assault Keys"
- Message-ID: <1992Nov16.172735.7406@news.yale.edu>
- Originator: swatt@mickey.CS.Yale.Edu
- Sender: swatt%mickey@net.yale.edu (Alan Watt)
- Nntp-Posting-Host: mickey.ycc.yale.edu
- Organization: Yale University, Computing & Information Systems
- References: <1992Nov11.214859.26168@adobe.com> <lg5gu8INN1m9@exodus.Eng.Sun.COM> <1duqtuINNor2@iskut.ucs.ubc.ca> <1992Nov13.205218.23256@igor.tamri.com> <1e1j01INNu7@iskut.ucs.ubc.ca>
- Date: Mon, 16 Nov 1992 17:27:35 GMT
- Lines: 44
-
-
- In article <1e1j01INNu7@iskut.ucs.ubc.ca>, unruh@physics.ubc.ca (William Unruh) writes:
- |> donb@igor.tamri.com (Don Baldwin) writes:
- |>
- |> >In article <1duqtuINNor2@iskut.ucs.ubc.ca> unruh@physics.ubc.ca (William Unruh)
- |> >writes:
- |> >>Certainly when they framed the constution, they did not mean "free
- |> >>speach" as "You can keep any secret you want to keep". It means that I
- |> >>can in public say things and not be brought to court for saying them.
- |>
- |> >Why not? I can send any secret that I want through the physical mails.
- |>
- |> Because of legislation, not because of the consititution, ( or perhaps
- |> under the "unreasonable search" clause, but then unreasonable does not
- |> mean never)
-
- The Constitution is silent on the subject of cyphers. However, a reasonable
- argument barring government restriction on encryption technology could be made
- under the protection against forced self-incrimination.
-
- I think Mr. Baldwin's point is you can send a letter full of gibberish,
- and not be compelled to translate it for the authorities. The legislation
- you refer to derives directly from the Constitutional provisions barring
- unreasonable search&seizure, self-incrimination, etc., etc. It is clear
- that you can keep any information in your head, and not be compelled to
- reveal it. If you keep information on paper or a computer disk, the law
- permits the state to seize them as evidence, but it does not compel you
- to cooperate with the state in making a case against yourself.
-
- Further, If we're going to discuss what the framers might have meant based
- on the technology known at the time, then "unbreakable" codes were freely
- available to anyone. It wasn't until the work done by Friedman
- prior to WW-II that there was an effective attack on so-called "di-alphabetic
- cyphers", which were known going back (I think) to the Crusades.
-
- If you're going to argue that the same activity sheds Constitutional
- protection when it is carried out with new technology, then freedom of
- the press is only granted for goose-quill manuscripts and cold-set type
- in hand presses.
- --
- Alan S. Watt
- Yale University Computing and Information Systems
- Box 2112 Yale Station (203) 432-6602
- New Haven, CT 06520-2112 Watt-Alan@Yale.Edu
-