On Sat, 9 Dec 1995, Black Unicorn wrote:
On Fri, 8 Dec 1995, Adam Shostack wrote:
If there is no expectation of privacy when a key is escrowed with Bob, or my companies attorneys, then would there be any expectation of privacy under Clipper? Perhaps this is a powerful argument we should expect to have used against us...
"Your honor, we argue that in escrowing his keys with the US government, the defendant should have known his communications could be listened to, and thus has no expectation of privacy."
Uh, this was the entire point of that thread "is a lawyer in the house" yes.
I argue in my Clipper article that while the government might make that argument, it would be unconscionable for the court to accept it. I think there is a reasonable chance that the court would not. But no certainty. A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's warm here.