From: tcmay@netcom.com (Timothy C. May)
Date: Sun, 17 Apr 94 21:56:14 PDT
To: bill.stewart@pleasantonca.ncr.com +1-510-484-6204)
Subject: Re: Clipper Comparisons for non-geeks
In-Reply-To: <9404180416.AA16670@anchor.ho.att.com>
Message-ID: <199404180457.VAA16329@netcom12.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain



> Yep.  And your car keys.  And your bicycle lock.  And the bag you
> deposit your store's money at the bank in.  And of course,
> once non-Clipper crypto becomes illegal, if they can't find the escrow
> key for your car, they'll just confiscate it - after all, you were
> parking it on a public street.
  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I was tempted to respond to Bill Stewart's point here with one of my typical
spoof press releases, patterned after the Chicago Housing Authority
(not the name of a band) door-to-door search for weapons. But, alas, I
lack the energy tonight to craft such a post, and, besides, you'd all
know immediately it was a fake. (Or would you?)

The point Bill makes is a valid one. If the State is your landlord,
and that (supposedly) gives the State the right to bypass normal
Constitutional protections, then why does this same logic not apply
(and why won't it be applied increasingly in the future) to frisks of
those walking on public streets, driving on public roads, etc?

(I know the Supremes have ruled on cases invoving search and seizure
on buses, etc., so we're not in a vacuum here. My point is not a
legalistic one, but one based on the Chicago case.)

Speaking of landlords, when I was renting I certainly had no
expectation that the landlord had any "rights" to invite the police in
to inspect my place for guns, drugs, or other such "contraband." Was I
mistaken? (I'm not saying a landlord can't enter the premises...it
depends on the rental agreement. Most landlords give warning. Some may
snoop. But I think letting in the cops, without a warrant, is still an
illegal act. I could be wrong.)

[A practical policy to head off the Chicago situation is this: Even if
the State is the landlord, the role of the State as landlord and as
Police should be kept separate. An even better policy, of course, is
for the State to get out of the business of being a landlord!]

With so much of our world increasingly being owned by the State (the
consequence of a dollar being taxed many times in its life is that the
State ends up controlling lots of land, lots of highways, facilities,
military bases, courthouses, schools, etc. Eventually they may get it
all.), this "we can frisk you because now you're on our turf" approach
may put a de facto ending to the Bill of Rights.

Unless it is stopped, of course.

--Tim May


-- 
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Timothy C. May         | Crypto Anarchy: encryption, digital money,  
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"National borders are just speed bumps on the information superhighway."