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- Newsgroups: sci.crypt
- Path: sparky!uunet!think.com!yale.edu!jvnc.net!darwin.sura.net!convex!gardner
- From: gardner@convex.com (Steve Gardner)
- Subject: Re: Demons and Ogres
- Message-ID: <1992Nov17.162445.13296@convex.com>
- Sender: usenet@convex.com (news access account)
- Nntp-Posting-Host: hydra.convex.com
- Organization: CONVEX Computer Corporation, Richardson, Tx., USA
- References: <921114182202.126812@DOCKMASTER.NCSC.MIL> <1992Nov17.001009.26363@rchland.ibm.com> <1992Nov17.065526.15487@cactus.org>
- Date: Tue, 17 Nov 1992 16:24:45 GMT
- X-Disclaimer: This message was written by a user at CONVEX Computer
- Corp. The opinions expressed are those of the user and
- not necessarily those of CONVEX.
- Lines: 182
-
- In article <1992Nov17.065526.15487@cactus.org> ritter@cactus.org (Terry Ritter) writes:
- >>[...] Haven't you heard of "thought crime?" The idea is alive
- >>and well and you seem bound and determined to help government
- >>create and enforce it.
- >
- > Nonsense.
- >
- > First of all, I just made a *proposal*; if you have a better
- > one, let's hear it.
- Yeah. My proposal is to allow completely unfettered
- cryptography by citizens. The alternative is to propose
- laws that are:
- 1. not enforceable against those they claim to limit
- 2. unduely restrictive of personal freedom (privacy)
- 3. contributing to widespread disregard for the law
- Copyright laws had to be relaxed because of new technology.
- What you are proposing is analogous to tightening up laws
- "broken" by technology. It won't work and you don't seem
- to be able to accept that.
-
-
- > Or, if you have a better approach to arguing for tolerating the
- > inevitable misuse of cryptography, let's hear that.
- If you have a better approach to arguing for tolerating
- the inevitable misuse of computers lets hear that.
- Don't you see they are equivalent? The only difference
- being that more people would realize immediately that you
- were on a fool's errand if you proposed that computers be
- registered like firearms. I can't believe that people have
- taken this proposal as seriously as they have. It is one of
- the most patently absurd proposals since the Indiana legislature
- decided to mandate PI.
-
-
- > My proposal was to reveal plaintext *under due process*; if
- > the courts can't be trusted to uphold your rights, exactly what
- > part of government *will* uphold your rights?
- Now you're cooking. NO PART! The unconscionable war on (some)
- drugs has almost totally corrupted the government. We now have
- a situation where your property can be seized without due
- process by the government. That has corrupted both federal
- and local Law Enforcement agencies to an extent unheard of
- before. Law enforcement agencies on all levels routinely
- STEAL cash from individuals and yet file no charges against
- them. This is patently unconstitutional but the courts have
- done nothing to prevent it. We are well on our way to a
- confrontation with a police state. Why do people never see
- it until it begins to carry them off to the camps. Germany didn't
- wake up one morning with crematoria. It started slowly and the
- rights of the german people were slowly eroded by people
- CLAIMING to act in their interests. There are always Quislings
- who want to compromise with those who would crush us beneath
- their jackboots. There is no compromise possible with those
- that would establish a police state.
-
- >This turns
- > out to be a lot easier *before* we understand the negative social
- > effects of that technology.
- The luddites rear their heads once again. Where do you get
- this fear of the social consequences of technology?
-
- > The government *has* an implicit "right" under The Fourth
- > Amendment to conduct searches and seizures, provided only that
- > they obtain an explicit warrant based on probable cause. The
- > government *has*, and always has had, the "right" to "look over
- > our shoulders," and that is enshrined in The Bill of Rights.
- > My proposal has *not* created this "right."
- The Bill of Rights was enacted to LIMIT government authority
- not enshrine it.
-
- > My proposal, if you would read it, would require *the user* to
- > reveal the plaintext. If the file was GIF or ZIP and *the user*
- > could demonstrate that, it would be revealed. No programs need be
- > registered.
- Have you considered how the user might do this? Suppose he
- needs to tinker a bit because his program to reveal the
- text is parameter driven? Or buggy? Is he allowed to? Is this
- really practical? Would the government really allow him
- to work on his system to get it to reveal the plain text?
- Have you thought very much about the mechanics of this
- proposal?
-
- > You are right, though, that the transmission of random-like files
- > would not be a good indicator of criminal activity. Naturally,
- > if the police had enough evidence to get a warrant to search for
- > records of criminal activity, and encountered lots of random-like
- > files, they might want to see what those files contained. If the
- > files were innocuous, the defendants would have no reason to
- > refuse.
- "If you have done nothing wrong then you have nothing to hide"
- Right. Suppose that someone who is accused of a crime has
- embarrassing things but not criminal things encrypted on his
- disk? Does he have to reveal steamy love letters to
- prove he is not a criminal?
-
- > Nonsense. My proposal is that, given the ciphertext, the user
- > would be required to make it plain. This means that there would
- > be a responsibility to log old *keys*, not conversations.
- This is totally impractical. Think about it. What if I
- have some old mail that I wish to erase but don't erase
- completely and the police use disk sector scavenging to get them?
- I throw the key away because I am through with the mail.
- I don't need it anymore so I destroy the key and delete the
- file. I cannot be compelled (it is not just my will but my
- capability that is at question now) to reveal what I don't
- know. There is no way for the government to know whether
- I am sincere in my ignorance. Your proposal is utterly unworkable.
-
- > Yes, future systems may have to log session keys.
- Right. And what if the disk goes down with no backup?
- How could a computer professional propose such a patently
- silly "solution".
-
- > It certainly is going to be difficult to discuss proposals if they
- > must spring full-blown and precisely-worded into being. It is
- > obvious to me that by "anyone using" I mean "whoever is in control
- > of such enciphering." You would not be convicted of "Failure to
- > Reveal" unless you were in control and "somehow" failed to log
- > your keys.
- How will the authorities know the difference? Think about
- it. This idea is totally without merit.
-
- > For some reason you apparently feel that *you* can lecture *me*
- > on the cost of rights and how they are obtained. It just might
- > be possible that I am *far* more personally aware of the cost of
- > rights, and what they mean to us, than you appear to be.
- If so, you don't show it.
- What's more, you seem to feel that *you* can lecture *us*
- on what our responsibilty is as citizens and computer
- professionals is. If you think about it, that is both our
- rights. Welcome to the land of free speech. You find my
- positions offensive and I find yours offensive. The marketplace
- of ideas will judge, hopefully on the merits.
-
- >>Why are you helping
- >>the cops?
- >
- > First, I got into this by helping *us*, not the cops.
- That is patently absurd.
-
- > Our *problem* is that ordinary people can be swayed by heinous
- > cases, and we have very few arguments which would convince
- > ordinary people that other ordinary people should have
- > unrestricted access to cryptography. Does that sound to you
- > like a prescription for legislative success?
- You steadfastly refuse to listen to people who tell you that
- legislation of the form: "Pi will be legislated to be equal
- to 22/7 by force of law" is not only silly but unworkable.
- It matters not whether it is popular or not. Widespread
- xerography broke copyright law not vis-versa. Keep that
- in mind. You will not conquer the power of technological
- change with mere legislation, no matter how popular and
- emotional the appeal.
-
-
- > If it fell to you to argue the proposition, we could absolutely
- > *guarantee* "they" would win. I hope we can improve our odds
- > by developing arguments of somewhat higher caliber. So far,
- > we have not had much success, however.
- You refuse to regard any position that says that your
- proposal is not needed as a valid position.
-
-
- > Nonsense. It is precisely *because* our interests differ that I
- > seek a defensible position. Completely unregulated cryptography
- > may not be defensible.
- Will you listen to what people are saying? Regulated
- cryptography is NOT POSSIBLE without instituting a police
- state.
-
- > I believe that the completely unregulated and absolutely free
- > use of cryptography may indeed be dangerous for society.
- Then all is lost because neither you nor congress can stop
- the march of progress in this area.
-
- > I am more than willing to be shown wrong.
- When? I thought you already had been.
-
-
- smg
-
-
-