From: Black Unicorn <unicorn@schloss.li>
Date: Sat, 30 Mar 1996 15:46:25 +0800
To: jim bell <jimbell@pacifier.com>
Subject: Re: So, what crypto legislation (if any) is necessary?
In-Reply-To: <m0u2SwS-0008y1C@pacifier.com>
Message-ID: <Pine.SUN.3.91.960329054254.23176D-100000@polaris.mindport.net>
MIME-Version: 1.0
Content-Type: text/plain


On Thu, 28 Mar 1996, jim bell wrote:

> Escrowing encrypted keys makes them useless to subpoena, and in 
> fact it helps the key owner because the escrow agent can (and, in fact, 
> must!) be obligated to inform the key owner if his key is requested.

I thought I would take the time to let everyone know that this is 
baseless as well.  Most jurisdictions forbid third parties to reveal 
prosecution inquries to the principal for which they are holding 
documents or other information.  A VERY few have laws on the books that 
require this disclosure.  Switzerland is no longer one of them.

Even if a judge was convinced by the defense not to levy heavy fines 
against a third party who pleaded that he or she was simply unable to 
comply, informing the principal would literally assure such fines would 
be imposed regardless.  Criminal charges of obstruction could easily 
attach.  Obstruction in connection with narcotics cases or other major 
felonies are generally extraditable offenses as well.

Once again Mr. Bell pulls legal analysis out of his rectum rather than 
basing it in fact or research.

With Mr. Bell as a defense attorney, who needs prosecutors?

> Jim Bell
> jimbell@pacifier.com

---
My preferred and soon to be permanent e-mail address:unicorn@schloss.li
"In fact, had Bancroft not existed,       potestas scientiae in usu est
Franklin might have had to invent him."    in nihilum nil posse reverti
00B9289C28DC0E55  E16D5378B81E1C96 - Finger for Current Key Information