Remember how in the Clipper debate, the government insisted on using the term "lawful access" when talking about what the government had to do to get keys out? They implied it meant a warrant issued by a judge, but actually the proposed rules said any "lawful access" would do. That phrase kept reappearing in government proposals. I've been looking for years in the laws to find what secret loophole they've been trying to protect. Today I ran across it! It's Executive Order 12333, signed by our favorite senile president, Ronald Reagan, in 1981. It says: 2.5 Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act, as well as this Order. In other words, if the Attorney General claims that someone is an agent of a foreign power, no warrants are needed; the target has no Constitutional rights any more: Fourth Amendment 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. You will recall that the Attorney General made exactly this claim about Martin Luther King (that he was an agent of a foreign power), to justify the years of FBI surveillance. For all we know, they have been claiming that anyone who advocates crypto legalization must be an agent of a foreign power. It really wouldn't surprise me. We shouldn't stop looking for more loopholes -- they may have several -- but I think this is the big one. John