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- Path: sparky!uunet!think.com!ames!data.nas.nasa.gov!mustang.mst6.lanl.gov!nntp-server.caltech.edu!hal
- From: hal@cco.caltech.edu (Hal Finney)
- Newsgroups: sci.crypt
- Subject: Re: PGP and real criminals
- Date: 20 Nov 1992 17:29:20 GMT
- Organization: California Institute of Technology, Pasadena
- Lines: 72
- Message-ID: <1ej79gINNkdp@gap.caltech.edu>
- References: <1992Nov17.001101.21926@ncar.ucar.edu> <iyqHuB7w165w@mantis.co.uk> <4022@randvax.rand.org>
- NNTP-Posting-Host: alumni.caltech.edu
-
- I think Ed Hall, edhall@rand.org, makes a good point when he writes:
-
- >Arguments
- >like "should terrorists, child-molestors, and other evil-doers be allowed
- >to use encryption to evade justice?" have a lot more impact with John Q.
- >Public. The answer to "do you trust the government?" might well be "no",
- >but if the question is the government versus evil-doers, people are
- >generally going to support the government, even if they mistrust it in
- >other ways.
- >[...]
- >Let's say that a suspected child-molestor gets arrested. As is all too
- >often the case, there isn't enough admissible evidence to convict him.
- >However, since he was encrypting his diary, illegal crytographic programs
- >were found on his computer. So the prosecutor is able to get him put
- >away for a while even though he won't decrypt the diary. Anti-cryptography
- >laws will join tax laws and other such legal weapons used to lock up
- >evil-doers who are otherwise too slippery to catch.
-
- I think Ed is right. The anti-cryptography laws have to have enough
- "teeth" so that the people who are committing these heinous crimes, the
- crimes which the public is going to care about, can't just hide behind
- their encrypted files.
-
- That means that illegal use of cryptography must be punished by a prison
- sentence. That's the only way these criminals can be gotten off the
- streets despite their encryption, which is the whole purpose of the
- proposed laws.
-
- Think about that. We're not just talking about a fine, or even a night
- in jail. We're talking about locking someone up for months or years,
- just because they encrypted a file and would not (or could not) produce
- the plaintext in response to a court order. We're talking about a very,
- very serious punishment for this crime. For the first time, it would be
- possible to face a prison term simply by running a forbidden program on
- your computer.
-
- This is a good thing. It weakens the case of the people who want to
- propose these laws. There is a basic legal principle that a punishment
- should be proportional to the crime. How can the simple act of
- manipulating some personal data on your own computer be a crime serious
- enough to merit a prison term? What about someone who legitimately
- forgot his encryption password? (It's happened to me!) How can we put
- someone in prison for something like this? It's completely
- disproportionate to the crime.
-
- So, those calling for these restrictions face a dilemma, it seems to
- me. On the one hand, crypto can prevent terrible criminals from being
- convicted, and it's exactly these cases, which everyone views with
- horror, which will be most effective with the public. On the other
- hand, the only useful penalty in these same terrible cases is a prison
- sentence, which is an extremely strong penalty, one which is totally
- inappropriate for the general case of illegal use of cryptography.
-
- Strategically, then, we have a response to the proponents of
- restrictions. If they call for moderate penalties, like a fine or even a
- short jail term, we simply point out that this will have no effect on the
- international terrorists and child molestors who were used to argue for
- these restrictions. Fanatics like these will laugh at such minor
- inconveniences. If they instead call for the severe penalties needed to
- really stop such criminals, we point out that in and of itself illegal
- use of cryptography, which is basically a matter of manipulating numbers
- on your own personal computer in certain "forbidden" ways, is easy and
- harmless, and it's totally disproportionate to attach felony-class
- penalties to such a "crime".
-
- John Q. Public may not fear government wiretaps, and he may not care a
- whit about email privacy, but he doesn't want to spend years in prison
- just because he ran the wrong program on his computer.
-
- --
- Hal Finney
- hal@alumni.caltech.edu
-