From: Michael Froomkin <froomkin@law.miami.edu>
Date: Sat, 9 Dec 95 10:06:41 PST
To: Black Unicorn <unicorn@schloss.li>
Subject: Re: Escrow expectations
In-Reply-To: <Pine.SUN.3.91.951209011540.26292A-100000@polaris.mindport.net>
Message-ID: <Pine.SUN.3.91.951209130747.5706H-100000@viper.law.miami.edu>
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On Sat, 9 Dec 1995, Black Unicorn wrote:

> On Fri, 8 Dec 1995, Adam Shostack wrote:
> 
> > 	If there is no expectation of privacy when a key is escrowed
> > with Bob, or my companies attorneys, then would there be any
> > expectation of privacy under Clipper?  Perhaps this is a powerful
> > argument we should expect to have used against us...
> > 
> > 	"Your honor, we argue that in escrowing his keys with the US
> > government, the defendant should have known his communications could
> > be listened to, and thus has no expectation of privacy."
> 
> Uh, this was the entire point of that thread "is a lawyer in the house" yes.
> 
I argue in my Clipper article that while the government might make that 
argument, it would be unconscionable for the court to accept it.  I think 
there is a reasonable chance that the court would not.  But no certainty.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
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