home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: sci.crypt
- Path: sparky!uunet!mcsun!Germany.EU.net!news.netmbx.de!mailgzrz.TU-Berlin.DE!math.fu-berlin.de!news.belwue.de!ira.uka.de!ira.uka.de!sol.ctr.columbia.edu!zaphod.mps.ohio-state.edu!uwm.edu!psuvax1!news.cc.swarthmore.edu!ralph.cs.haverford.edu!eoliver
- From: eoliver@ralph.cs.haverford.edu (Erik Oliver)
- Subject: Re: PGP and real criminals
- Message-ID: <ZWHTBHNZ@cc.swarthmore.edu>
- Sender: news@cc.swarthmore.edu (USENET News System)
- Nntp-Posting-Host: ralph.cs.haverford.edu
- Organization: Haverford College Computer Science Department
- References: <1579.517.uupcb@grapevine.lrk.ar.us>
- Date: Sun, 22 Nov 1992 16:17:54 GMT
- Lines: 69
-
- I would have to disagree completely. The fact that someone behaved in a
- criminal manner in the past is not apriori evidence that they will
- behave criminally in the future. Thus, disallowing convicted criminals
- who have served their sentences from using cryptography goes against the
- idea that criminals are rehabilitated in prison and the idea that former
- crimes of a different nature are not admissible evidence in present
- cases.
-
- Further, I return to the whole issue of limiting cryptography, shouldn't
- we take a lesson from the former USSR where the gov't tried to control
- every aspect of what was heard. If you disallow DES, PGP, etc, etc,
- people will just use other methods, fake languages, jibberish,
- or memorization. For example, I carry a piece of paper with a thousand
- four digit numbers on it with me at all times. My PIN numbers and
- other information is encoded on the paper, and given a modicum of
- intelligence and luck you might be able to decode, however, it merely
- need be secure enough that you don't get it in 3 tries so that the
- Mac machine swallows the card.
-
- The same idea applies to these criminals, they could write down a few
- thousand words on a piece of paper, of which only 6 or 7 might be
- significant to them. Are they using encryption now?
-
-
- I think this whole debate about criminals using encryption then reduces
- to the whole issue of limiting cryptography.
-
- As to the issue of the convicted child molester. The first thing I
- would like to say is that I am _extremely_ sensitive to the issue of
- child molestation, having been molested myself, but I am also
- _extremely_ sensitive to issues of due process, as a jew, I a firmly
- believe we have to stand up for even the most reprehensible people and
- insure that they get a fair trial. Because if I don't stand up
- for this person's rights now, then who will stand up for mine?
-
- I am going to assume that the police have some reason to believe this
- person is engaging in illegal behaviour other than these mysterious
- encrypted files. If they do have a reason, than that reason either is
- or isn't admissible in court. If their reason for arresting this person
- is inadmissible in court, then the case should be thrown out. The fact
- is, the police can't arrest you without probable cause. Which is a
- weaker burden of proof than required in the courts, reasonable doubt.
- It is the job of the police to find probable cause, and provide evidence
- beyond a reasonable doubt, it is then the job of the DA to prosecute
- this person. If the police believe this man is molesting children
- again, how about evidence from a child who was molested instead of
- trying to pick at straws and complain that this user is encrypting files
- whose content you are unaware of. Also, remember that the burden of
- proof for the search warrant is considerably less than required in court
- for proof of guilt.
-
- Personally, I believe that without stronger evidence on behalf of the
- police, this man is being persecuted for his status as a convicted child
- molester rather than anything he has done at present. I am fully aware
- as I say this, that the standard of evidence I am demanding is too hard
- in many cases, but I know that I was molested, and I could testify
- against that person. The case would be fairly strong. On the other
- hand, trying to rely on a notebook kept by molester in which my name
- appeared along with an addrss wouldn't strike me as a very helpful piece
- of evidence.
-
- >>> END RANT <<<
- >>> STEP OFF SOAP BOX <<<
-
- Sorry for the tirade in this post, but the issue of molestation and fair
- trials strikes two such powerful chords in me, both from my past and one
- from the heritage of my people for thousands of years.
-
- -Erik
-