the bill of rights hasn't been revoked. not yet, anyway.
I've been thinking about this a bit, and it seems that the Constitution's Bill of Rights has all the provisions required to implement and legally use digital money, secure encryption, and anonymous communication networks. Specifically, the First, Fourth, and Fifth Ammendments can be used as one's defense in implementing any of the above. The First Ammendment can be seen as allowing encryption. Freedom of Speech does not preclude the government or anybody for that matter having to understand what I am saying. I can just as easly say "blardi blahr oof aarf bloo arrr foo barr arrh blard foobaaaaah" or "010110101101101011101.." to anyone I like and be protected by the First Amendment. Only those that can decode my speech will understand it, those that can't won't. I am free to speak to whoever I like (freedom of association / assembly). I am free to speak anonymously provided I break no law (copyright, slander/libel, etc.). Even if I do break a law, the next two paragraphs will show that I cannot be prosecuted for such a crime very easily. The Fourth Ammendment protects us from illegal search and siezure. If the government can get a warrant, they can search my place and sieze all my encrypted files. They can intercept my encrypted communications. They can have them, it won't do them any good. But it is their duty to decode it, not mine, and the Fifth Amendment basically says that.. The Fifth Ammendment is the tastiest one of all when it comes to encryption. By pleading the Fifth, you do not have to decrypt anything for the prosecution. The Fifth Ammendment gives you the right not to testify or provide evidence that would incriminate you. Providing a key to decrypt your hard disk would incriminate you, and you don't have to do it. In short the 1st & 5th ammendments + Secure Encryption can be used make even a completely legal search or wiretap warrant against one self worthless. Hence, not enough evidence for prosecution, hence no prosecution. They can't force you to decrypt any of your communcations or stored files, because you merely plead the Fifth amendment. This is assuming one encrypts everything, and has no accomplices/conspiritors who offer to testify for the prosecution. Even then, with public key encryption, the most that people who rat on you can give to the prosecutors are messages that you sent to them (the rat). And assuming all messages that you have sent out are sufficiently vague/obscure as to be non-incriminating, you are fairly safe there too. Assuming all messages from you were sent anonymously to a list, they can't even prove you sent them. Thus if they cannot force you to decrypt your hard disk, you should be relatively safe from successful prosecution for whatever, whether it be drug running or running a anonymous digital money bank / barter house. I guess now you can see why the government is so scared of encryption. Widespread use of encryption on the part of the criminal class would simultaneously obsolete all police, the FBI, CIA, Secret Service, and Department of Justice, or at the very least make their jobs several thousand orders of magnitude more difficult. For example, a child pornography ring that trades anonymously in encrypted .gifs using truly anonymous remailers would be impossible to take down by just taking down one member of the ring. Furthermore, it may be impossible to prosecute even that one member. Thug
The Thug brings up some useful ideas of the constitution guaranteeing the right to encryption. The point that communication and encryption are very similar is a very crucial idea. However, he goes astray:
I guess now you can see why the government is so scared of encryption. Widespread use of encryption on the part of the criminal class would simultaneously obsolete all police, the FBI, CIA, Secret Service, and Department of Justice, or at the very least make their jobs several thousand orders of magnitude more difficult. For example, a child pornography ring that trades anonymously in encrypted .gifs using truly anonymous remailers would be impossible to take down by just taking down one member of the ring. Furthermore, it may be impossible to prosecute even that one member.
This makes it sound as if criminals will suddenly find no obstacle to their deviant behavior with the use of cryptography, a ridiculous assertion. Law enforcement will be made more difficult but arguably the government has never legitimately had the "right" to wiretap, and law enforcement will of course will never be "obsoleted" by technology. We must separate the activity of spying from the activity of law enforcement (the agencies noted are in both categories). The former will be perhaps "thousand orders of magnitude more difficult" but the latter will not be significantly affected, I'd wager (most criminals are low tech). A Murdering Thug will be caught, eventually, when he murders somebody regardless of his use of cryptography. BTW, it annoys me that anyone thinks that law enforcement will be made impossible when cryptography becomes widespread. This extreme idea is absolutely absurd. Definitely, it will be affected, and perhaps some "criminals" will not be caught that once might have. But I suspect that the criminals perpetrating the worst crimes, the ones civilized people find most abhorrent and heinous, will be largely unaffected. There are far better ways to improve the currently inefficient and often ineffective law enforcement techniques than by improving wiretapping techniques. Its funny how totalitarian governing systems (the logical extent of completely outlawing cryptography) often manage to find "criminals" where previously none existed.
participants (2)
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ld231782@longs.lance.colostate.edu
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thug@phantom.com