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- Newsgroups: sci.crypt
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!wupost!csus.edu!netcom.com!rcain
- From: rcain@netcom.com (Robert Cain)
- Subject: Re: Demons and Ogres
- Message-ID: <1992Nov19.193420.14972@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1egietINNndq@transfer.stratus.com>
- Date: Thu, 19 Nov 1992 19:34:20 GMT
- Lines: 44
-
- This has probably been covered in this long many threaded discussion
- but assume for a moment that a suspected perpetrator is communicating
- using strong cryptography on a public carrier, phone line for the
- example. Regradless of whether it is legal or illegal to do so an
- interesting side effect is that any attempt to prove its use forces LE
- to admit using a wiretap and thus it is incumbent on them to secure
- what the courts consider proper permission to do so. Thus at least the
- days of illegal prophylactic wire taps will be over when such devices
- are available either legally or illegally. Anyone who thinks this is
- not being done at will during investigations is very naive. The proper
- permissions are only obtained when the wire tap data is to be used as
- evidence. Illicit tapping usually renders it unnecessasary to ever
- use the taps as evidence because they lead LE to harder evidence.
-
- Another problem with making it illegal is that convicting a suspect of
- using it may incur a penalty but it serves as a door bell to the suspect
- that he is under surveilence and will make it a lot less likely that he
- will be caught doing whatever he is suspected of doing. Thus I doubt
- LE will press charges just on the basis of using illegal crypto unless
- the penalties are very stiff indeed. Just being an additional charge
- will be little deterence to a perpetrator.
-
- It is so easy to make such a device today that if it becomes criminal to
- have and use such a device, only the criminals will have them and have
- them they will. The criminal realizes full well that if he is being
- tapped, he is under surveilance and in deep shit to begin with so he
- has little more to lose by encrypting his communication and probably
- considerable to gain.
-
- While I can see the concern of LE and think there are some very valid
- considerations, it is a no win situation for them already. Selling
- these devices would become just another high profit criminal activity.
- Every drug dealer, drug user, mafiosi, spy, revolutionary, etc. will
- have one eventually.
-
- Bob
- --
- Bob Cain rcain@netcom.com 408-358-2007
-
- "There are some strings. They're just not attached."
- Victoria Roberts
-
-
- PGP 1.0 or 2.0 public key available on request.
-