Mike, I recently became aware of an article that you wrote entitled, "Notes on Cryptography, Diigital Telephony, and the Bill of Rights", which was included in a recent CuD (5.32, Sun May 2, 1993). It appeared to be a message you had originally posted to the austin.eff newsgroup. I'm not so sure that it ever made it over to cypherpunks, so I'm quoting part of that message here for clarity. You wrote - "B. The Fourth Amendment reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." C. Conspicuously missing from the language of this amendment is any guarantee that the government, with properly obtained warrant in hand, will be _successful_ in finding the right place to be searched or persons or things to be seized. What the Fourth Amendment is about is _obtaining warrants_--similarly, what the wiretap statutes are about is _obtaining authorization_ for wiretaps and other interceptions. Neither the Fourth Amendment nor Title III nor the other protections of the ECPA constitute an law-enforcement _entitlement_ for law enforcement. D. It follows, then, that if digital telephony or widespread encryption were to create new burdens for law enforcement, this would not, as some law-enforcement representatives have argued, constitute an "effective repeal" of Title III. What it would constitute is a change in the environment in which law enforcement, along with the rest of us, has to work. Technology often creates changes in our social environment --some, such as the original innovation of the wiretap, may aid law enforcement, while others, such as powerful public-key cryptography, pose the risk of inhibiting law enforcement. Historically, law enforcement has responded to technological change by adapting. (Indeed, the original wiretaps were an adaptation to the widespread use of the telephone.) Does it make sense for law enforcement suddenly to be able to require that the rest of society adapt to its perceived needs?" (End Quote) Maybe it's just that time of the day or perhaps I just need for you to clarify this a bit more -- How does the ECPA offer protection, as it is cuurrently written, against warranted search and seizure with regards to technologically advanced systems (such as would crypto be considered)? Again, you fyrther wrote - "I. As my notes here suggest, these initiatives may be, in their essence, inconsistent with Constitutional guarantees of expression, association, and privacy." (End Quote) You are saying, in effect, that it is your opinion that these initiatives may be unconstitutional? If so, what course of action can be suggested, short of a class action lawsuit against an LEA after-the-fact? By the way, the article was excellent and since I have not seen it posted here in cypherpunks, I'd like your permission to repost it. Cheers. Paul Ferguson | Uncle Sam wants to read Network Integrator | your e-mail... Centreville, Virginia USA | Just say "NO" to the Clipper fergp@sytex.com | Chip... -------------------------------+------------------------------ I love my country, but I fear it's government.