home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cs.utexas.edu!wupost!usc!randvax!edhall
- From: edhall@rand.org (Ed Hall)
- Newsgroups: sci.crypt
- Subject: Re: PGP and real criminals
- Message-ID: <4023@randvax.rand.org>
- Date: 20 Nov 92 19:03:55 GMT
- References: <iyqHuB7w165w@mantis.co.uk> <4022@randvax.rand.org> <1992Nov20.092807.13613@ucsu.Colorado.EDU>
- Sender: news@randvax.rand.org
- Organization: RAND
- Lines: 52
- Nntp-Posting-Host: ives.rand.org
-
- In article <1992Nov20.092807.13613@ucsu.Colorado.EDU> cuffell@spot.Colorado.EDU (CUFFELL TIMOTHY MICH) writes:
- >In this country, the accused is presumed innocent. If there is not enough
- >admissable evidence, then either we cannot assume his guilt, or, in the case
- >of inadmissable evidence, a shortcoming in the law or a particular odius
- >example of the price we pay to prevent a police state. One might argue
- >that an encrypted diary could prove his guilt. This is true, in much the
- >same way a illegal search or a coerced confession proves guilt.
-
- No. In the hypothetical case I described, he /was/ guilty--of
- possessing an illegal cryptographic program--even though he wouldn't
- decrypt what was thought to be a diary recording his evil deads. This
- was my point: in the battle to prevent restrictions on cryptography,
- arguments of general unenforceability are of limited value. Since most
- folks don't consider cryptography as much use to themselves (there are,
- after all, other ways to keep secrets), banning it to get at the bad
- guys probably won't seem too high a price to pay--to "most folks", anyway.
-
- > The guilty
- >going free on occasion is the price we pay for our freedoms. The claim that
- >the innocent have nothing to hide takes us one step from them.
-
- Present a clear and immediate danger, and most people are quite willing
- to see some of their freedoms suspended in exchange for removing that
- danger. This is human nature, and centuries of democracy have done only
- a little to modify it. Where is the clear and present danger to the
- average citizen in banning private cryptography? What secrets do average
- people have which might require its use? Remember, the institutions which
- really need it, like banks, can be licensed for it, just like institutions
- who need explosives, like mining companies, are licensed to use them.
-
- >Here is a practical example. You are accused of being a child molester.
- >There exists on your computer an unidentifyable file, consisting of random
- >data. You now have to turn this data into a diary, or face criminal
- >charges.
-
- Who has ever proposed outlawing unindentifiable files? If you managed
- to destroy your encryption program, you're home free. The program would
- be the contraband, not a file which may or may not be its output.
-
- There are, of course, problems with banning encryption programs: just
- what /is/ an "encryption program?" I think that this is likely to be a
- good avenue of approach for "unenforceability" arguments, but I'm also
- not convinced that an enforceable definition is impossible.
-
- Here is my point: until you come up with a way to explain to common
- citizens how banning private cryptography will endanger them, you are
- likely fighting a losing battle. Much of what I've read in sci.crypt
- has been preaching to the converted. You'll have to do better by
- finding demons as /immediately/ threatening as those of your adversary.
-
- -Ed Hall
- edhall@rand.org
-