From: Mike Godwin <mnemonic@eff.org>
Date: Mon, 7 Feb 94 08:26:26 PST
To: IFREEDOM@SNOOPY.UCIS.DAL.CA (Forum on Censorship and Intellectual Freedom)
Subject: DOJ procedures relating to Clipper Chips and key escrow
Message-ID: <199402071624.LAA27967@eff.org>
MIME-Version: 1.0
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One of the interesting passages comes at the end of the DOJ memo
about obtaining Clipper keys pursuant to an interception:

"These procedures do not create, and are not intended to create,
any substantive rights for individuals intercepted through
electronic surveillance, and noncompliance with these procedures
shall not provide the basis for any motion to suppress or other
objection to the introduction of electronic surveillance evidence
lawfully acquired."

What this means, apparently, is that keys or communications obtained
through noncompliance with these procedures are nevertheless considered
to be "lawfully acquired." No suppression of evidence. No civil suit.

In other words, "if we break our rules, tough."


--Mike