At 11:18 PM 12/14/95, jim bell wrote:
I disagree. The issue is one that might be called "standing." Who, exactly, is responsible to whom in such an arrangement. Let's suppose key escrow (for keys for non-exported encryption devices) is REALLY VOLUNTARY. In that case, the escrow agent's only legal responsibility is to the owner of the encryption device. The government isn't a party to this voluntary arrangement, and thus hasn't a complaint if the escrow agent refuses to comply.
I could, for example, enter into a voluntary arrangement with an escrow agent so that he would be obligated to erase the key no more nor less than 5 days after he received it. If he did so 1 day after, and I needed the key, he would have breached his obligation to ME, but not to the government. Likewise, if he failed to erase the key, he would likewise be breaching his agreement with me.
I agree with this analysis. When key escrow was being debate in the summer of '94 here, I called this criterion the basis for a "strongly voluntary" system. Specifically, that one could have the bit bucket as an "escrow agent," with of course no retrieval by the government. Or one's lawyer, or one's spouse, or an offshore bank, and so on. All of these are "voluntary" key escrow (though I hate that misuse of the word "escrow") systems. None of them involve government certification, and there are few circumstances where I think "government certification" is even useful, let alone necessary. Any scheme in which the government interjects itself in what would not normally involve them can hardly be said to be strictly voluntary. --Tim May Views here are not the views of my Internet Service Provider or Government. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^756839 | black markets, collapse of governments. "National borders are just speed bumps on the information superhighway."