At 09:37 PM 4/5/98 -0500, William H. Geiger III wrote:
In <199804060308.XAA25459@camel7.mindspring.com>, on 04/05/98 at 11:08 PM, John Young <jya@pipeline.com> said:
Third, legislation should establish both procedures and standards for access by law enforcement to decryption keys or decryption assistance for both encrypted communications and stored electronic information and only permit such access upon court order authorization, with appropriate notice and other procedural safeguards;
And just *how* do they plan on doing this without either backdoors or escrow??
Easy, Constitutional, and doesn't need any new legislation - all you need is a warrant or subpoena to tell anybody to produce those records and materials they have. If they didn't save a recording of their telephone call or email, or think the Fifth Amendment reasonably prohibits them from being compelled to incriminate themselves, then the prosecution doesn't get anything. No problem, and it's worked quite well for 200+ years.
Fourth, legislation should establish both procedures and standards for access by foreign governments and foreign law enforcement agencies to the plaintext of encrypted communications and stored electronic information of United States persons;
I think not. They just don't get it.
There may be cases where there's some foreign jurisdiction over communications with US persons, either travellers or emigrants to those governments' territories, and they can use whatever methods are locally popular; some of them, like torture, tend to require strongly worded notes from the State Department complaining about such behaviour. But as you say, I think not, and no, they don't get it. Just because Leahy is willing to allow businesses to export things doesn't mean he isn't a tool of Big Brother. Thanks! Bill Bill Stewart, bill.stewart@pobox.com PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639