From: peb@PROCASE.COM
Date: Wed, 21 Apr 93 13:09:45 PDT
To: cypherpunks@toad.com
Subject: Free Speech
Message-ID: <9304211949.AA03767@banff>
MIME-Version: 1.0
Content-Type: text/plain



What do people think about crypto being considered Free Speech?  This 
might be the most powerful angle.  Freedom of expression would be a
great way to protest a ban on hard crypto; detecting the use of
crypto on the Internet would be like Prodigy monitoring all news
groups for non-family (and non-Prodigy) material.  Not only that, 
but if the proported crypto material wasn't actually crypto but
random bits, then no laws would be broken.  

The next step for the tyrant in this arms race is to send messages that
merely appear to contain crypto illegal.  By analogy, the FCC can fine
people for joking about the metal detector and xray equipment security
check points.  I don't know if this is a law, but the FCC could enforce
its fine by not allowing you to fly again on a commercial airline.
(Monopolies, they work just great. ;^)

A further step in this scenario is for the pro-free-speech people
to start using various data compression techniques--a proliferation
of non-standards for various reasons (well, C++ compression
could be specialized--no dictionary need be sent if the reciever
knows it is C++; same for English used on particular news groups, 
poetry, etc.).

This would cause massive false positives of packets that appear to be
encrypted.  Obviously, fairly enforcing a law against such usage would be
impossible.

I can see two outcomes at this stage: (1) the laws are eliminated, or
(2) they are enforced only selectively.  Considering the way things
usually work, (2) seems more likely, however the fact that the merger 
of phones and computers is already happening (e.g., Sun ss10 with ISDN
has a complete phone answering system written by Jeff Peck at Sun), 
the volume of resistance can easily be *large* and *convenient*.  Few
protests are convenient; with this, people don't even have to leave 
work!  (The downside is, however, that it would be difficult to get
media attention for doing it...TV camera pointed at the workstation,
OK, I'm pressing the Send button now.  Hah!  Take that!)

If the powers-that-be then come up with a law that crypto is illegal only
if used for illegal activity, I wouldn't complain so much.  Changing
your name is legal as long as you don't commit fraud, so there are
tolerable examples of this type of law now.  


Paul E. Baclace
peb@procase.com