Escrow expectations

John Lull lull at acm.org
Sun Dec 10 11:25:43 PST 1995


Russell Nelson <nelson at crynwr.com> wrote:

> > Duncan Frissell writes:

> >  > If Clipper were mandated you might be able to resist a prosecution for
> >  > "failure to file" keys or for double encrypting your transmissions if you
> >  > could prove that you were transmitting illegal messages or evidence of a
> >  > crime.  Just as those who possess illegal weapons are not required to
>              ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >  > register them (self incrimination).  You have to be sure your traffic is
>      ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> You are mistaken here.  Failure to get a permit before turning a 
> semi-auto firearm into a fully-auto machine gun, for example, is illegal 
> as is possessing an unregistered machine gun ...

My understanding was that, for example, a convicted felon in posession
of a handgun where handguns must be registered could be charged with
being a convicted felon in posession of a firearm.  He could NOT be
charged with posession of an unregistered handgun, because requiring
him to register, when it is illegal for him to posess, is a violation
of his first amendment rights.






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