From: wcs@anchor.ho.att.com (bill.stewart@pleasantonca.ncr.com +1-510-484-6204)
Date: Mon, 7 Feb 94 12:40:37 PST
To: cypherpunks@toad.com
Subject: Re:  DOJ procedures relating to Clipper Chips and key escrow
Message-ID: <9402072039.AA26355@anchor.ho.att.com>
MIME-Version: 1.0
Content-Type: text/plain


Mike Godwin writes:
> 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."

I thought that was particularly amusing as well.
On the other hand, the mere fact that it says it doesn't mean
it invalidates any other privacy laws or rules about illegal 
surveillance or exclusion of evidence, though it does mean you
need to argue a lot harder to get a judge to agree.

# Bill Stewart  AT&T Global Information Solutions, aka NCR Corp
# 6870 Koll Center Parkway, Pleasanton CA, 94566 Phone 1-510-484-6204
# email bill.stewart@pleasantonca.ncr.com billstewart@attmail.com
# ViaCrypt PGP Key IDs 384/C2AFCD 1024/9D6465