In <3.0.5.32.19980405232651.0089bb10@popd.ix.netcom.com>, on 04/05/98 at 11:26 PM, Bill Stewart <bill.stewart@pobox.com> said:
Third, legislation should establish both procedures and standards for access by law enforcement to decryption keys or decryption assistance for both encrypted communications and stored electronic information and only permit such access upon court order authorization, with appropriate notice and other procedural safeguards;
And just *how* do they plan on doing this without either backdoors or escrow??
Easy, Constitutional, and doesn't need any new legislation - all you need is a warrant or subpoena to tell anybody to produce those records and materials they have. If they didn't save a recording of their telephone call or email, or think the Fifth Amendment reasonably prohibits them from being compelled to incriminate themselves, then the prosecution doesn't get anything. No problem, and it's worked quite well for 200+ years.
Well call me a cynic but in reading section #3 I take that as to mean access without the help or cooperation of the person(s) who did the encryption. If they are willing to rely on the Constitution then why push for new, and as you mentioned, unneeded legislation? I think the rest of this is just window dressing for organizations like the EFF, et al who are just bursting to make a deal. I smell a lawyer in the woodpile. -- --------------------------------------------------------------- William H. Geiger III http://users.invweb.net/~whgiii Geiger Consulting Cooking With Warp 4.0 Author of E-Secure - PGP Front End for MR/2 Ice PGP & MR/2 the only way for secure e-mail. OS/2 PGP 2.6.3a at: http://users.invweb.net/~whgiii/esecure.html ---------------------------------------------------------------