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- Newsgroups: sci.crypt
- Subject: Re: Limits on the Use of Cryptography?
- Message-ID: <a_rubin.722029077@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 17 Nov 92 19:37:57 GMT
- References: <1992Nov11.061210.9933@cactus.org> <a_rubin.721673990@dn66> <1992Nov13.231403.28927@cactus.org>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 39
-
- In <1992Nov13.231403.28927@cactus.org> ritter@cactus.org (Terry Ritter) writes:
-
-
- > In <a_rubin.721673990@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- > writes:
-
- >>> 2. As an alternative, I have proposed that each user be
- >>> responsible for providing keys, after the fact, in response
- >>> to a legal warrant. Failure to do so would be a crime.
- >>
- >>_I_ think this would violate the Fifth Amendment.
-
- > Possibly. But does the fact that the government requires radio
- > operators to keep logs, and may inspect those logs, also violate
- > the Fifth Amendment?
-
- That's a radio licensing argument. I happen not to agree with it, but
- because the government owns/controls radio frequencies, they can specify
- regulations on use.
-
- > If the government were to regulate the use of cryptography and
- > license users, keeping key logs could well be a condition for
- > obtaining (and retaining) a license.
-
- The government does not claim to own/control the phone lines (yet).
-
-
- >>In addition, as I noted in another message, there is no duty to actively
- >>cooperate with a warrant; only to provide the information.
-
- > Does this constrain the argument that courts already have sufficient
- > power to compel key disclosure?
-
- Probably.
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-