From: wcs@anchor.ho.att.com
Date: Tue, 25 May 93 13:29:40 PDT
To: cypherpunks@toad.com
Subject: Re: Something just sunk in...
Message-ID: <9305252029.AA24538@anchor.ho.att.com>
MIME-Version: 1.0
Content-Type: text


> enforcement agency that has to tap a family such as my own.  We have (at
> last count) 6 phones on two lines.  Thats two lines to monitor for one of
> 6 different unit keys.  Are they going to get one court order for each
> phone? or will the one court order do for all of the keys... 

Presumably one court order will cover any phones involved in conversations
with your, er, the alleged perpetrator of some as-yet-unidentified crime's house.
After all, they can't tell in advance what phones would actually be in use,
since serial numbers are presumably not registered at time of purchase,
and it's possible to move the phones around.
Assuming symmetric use of keys, it's more efficient for them to only subpoena keys 
for phones actually in the house, since this catches both ends of the conversation,
but that depends on what they can talk a judge into permitting.

> Am I supposed to pay to replace all 6 phones??  ...  Have they considered this?
Since there have been no statements from the Feds about who pays for *single* phones,
except Ed Meese's line about "People who are innocent usually aren't suspects",
the case of all 6 phones isn't much different, though if you are tried and found
innocent you may be able to force them to disclose which of your phones they've
actually subpoenaed keys for.  It's probably viewed as a "not our problem" issue, 
just as your legal costs for your defense aren't usually reimbursed unless they've
been grossly out of line and you sue them successfully, a la Steve Jackson.

The White House press releases haven't answered the question of exactly who gets
access to your keys once subpoenaed, or whether they have to destroy them if 
you're found innocent, or not eventually charged with a crime, or whatever.
It will probably be left up to the courts to decide.

		Bill Stewart, pessimistically reporting from New Jersey.