From: VACCINIA@UNCVX1.OIT.UNC.EDU
Date: Tue, 1 Mar 94 11:58:26 PST
To: cypherpunks@toad.com
Subject: clipper + enaction = illegal alternate encryption
Message-ID: <01H9GN16SBXU000676@UNCVX1.OIT.UNC.EDU>
MIME-Version: 1.0
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Jeremy@crl.com writes:

>Now why bother going through all the trouble to take out the chip? Why 
>not just leave it in there and send RSA encrypted over your phone line?
>Once they _DO_ decrypt your clipper, they will still have another barrier. 
>Leaving the chip in there does make it a little harder even for law 
>enforcement doesn't it?

This is the reason all other forms of encryption will be outlawed if the
clipper proposal goes through. I foresee at least two lines of enforcement.
The first is that one is held in contempt of court (assuming they can find 
some charges to press) until you give them your key. How long can they keep 
you in the slammer on a contempt charge? This option is already available 
and seems to work, at least so far. 

The second is to make alternate encryption illegal and thus they will get you 
even if they have no evidence to charge you with. After all, if the police 
are monitering you AND you are encrypting information, you must be guilty, 
right? Encryption will be enough evidence to convict. This makes life easy for 
law enforcement and will surely be the next step after clipper. If they can't
get you for the alleged crime you are committing then use of illegal 
encryption will provide a consolation prize. They really HAVE to make 
alternate forms of encryption illegal to make clipper of any value to them,
despite the rhetoric we are now hearing (at least some people are hearing).

Scott G. Morham            !The First,
VACCINIA@uncvx1.oit.unc.edu!          Second  
PGP Public Keys by Request !                and Third Levels 
                           !      of Information Storage and Retrieval
                           !DNA,
                           !    Biological Neural Nets,
                           !                           Cyberspace


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