From: Marc Horowitz <marc@GZA.COM>
Date: Wed, 11 Aug 93 15:22:05 PDT
To: David Sobel <dsobel@washofc.cpsr.org>
Subject: Re: Clipper trapdoor?
In-Reply-To: <00541.2827923432.4658@washofc.cpsr.org>
Message-ID: <9308112220.AA22120@dun-dun-noodles.aktis.com>
MIME-Version: 1.0
Content-Type: text/plain


>> Note that neither Title III (law enforcement) nor FISA (U.S.-based)
>> apply to this situation, so we have to assume that NSA will not have a
>> court order to obtain the escrow keys.  I have to conclude that NSA
>> would not be putting this technology out into the world *unless* it
>> did, in fact, have some way to decrypt messages *without* access to
>> the escrow keys.
>> 
>> Am I missing something?

Yes.  Quoting the original Presidential release:

>> Access to these keys will be limited to government officials with
>> legal authorization to conduct a wiretap.

"legal authorization to conduct a wiretap" != "court order".  I've
seen lots of people slip into that habit.  Today, it requires a court
order to wiretap domestic conversations between US citizens.
Presumably, the same conditions apply to Skipjack.  However, that
could change.

As for the example of snooping on Hussein and his officers, you know
exactly how much legal authorization the NSA needs to conduct that
wiretap.  Exactly none.  Hence, it needs no paperwork to get the key
to Hussein's phone.

How the escrow agents make the NSA prove that the keyid in question
belongs to Hussen's phone is an exercise left to the legislature :-/

		Marc