On Thu, 7 Dec 1995 cme@acm.org wrote:
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Date: Sat, 2 Dec 1995 03:39:00 -0500 (EST) From: Black Unicorn <unicorn@polaris.mindport.net> Subject: Re: Netscape gives in to key escrow
An individual has no legitimate expectation of privacy in the encryption numbers in his GAK browser, we reasoned, because he voluntarily conveyed those numbers to the government when he purchased the software.
It could be even worse. I was on a panel last year with Scott Charney (sp?) (I believe from DoJ) during which he commented that if you give your secret key to anyone -- e.g., your own company -- then you have given up the presumption of privacy. That leaves the police open to get that secret without a warrant. This claim should be checked by a real lawyer.
I suspect that Charney was referring to the fact that the third party keyholder could be compelled to surrender your key under subpoena without having any right against self-incrimination invoked. And in that, of course, he was correct. (But if you give it to your lawyer, for example, the communication is privileged ...). EBD
+--------------------------------------------------------------------------+ |Carl M. Ellison cme@acm.org http://www.clark.net/pub/cme |