1994-06-08 - Crime and punishment in cyberspace - 3 of 3

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From: rishab@dxm.ernet.in
To: cypherpunks@toad.com
Message Hash: ec07b321c464f2875f130a30154acf2ce75b5c8913acaf16750a4e5b3794a3fe
Message ID: <gate.JqemNc1w165w@dxm.ernet.in>
Reply To: N/A
UTC Datetime: 1994-06-08 13:07:20 UTC
Raw Date: Wed, 8 Jun 94 06:07:20 PDT

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From: rishab@dxm.ernet.in
Date: Wed, 8 Jun 94 06:07:20 PDT
To: cypherpunks@toad.com
Subject: Crime and punishment in cyberspace - 3 of 3
Message-ID: <gate.JqemNc1w165w@dxm.ernet.in>
MIME-Version: 1.0
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All this brings us to a related issue - another one hinging on principles:
Do cypherpunks accept the need for wiretapping?

Wiretapping is necessary to solve many 'crimes'. If we accept that these crimes
are important enough to justify wiretapping, than there is little difference
between wiretapping analog phones and tapping data.

The EFF and other organizations have pursued the laudable goals of extending
laws guaranteeing freedom of expression, privacy etc to cyberspace, adapting 
them, as and where necessary, to the nature and technology of digital networks.

It is only to be expected that the FBI, theoretically a socially agreed upon 
body enforcing laws made by socially agreed upon legislators, to attempt to 
extend the powers granted to it for wiretapping to cyberspace. _Adapting them,
as and where necessary (eg. digital encryption), to the nature and technology
of digital networks.

If we accept the need for wiretapping, than the only problem is to find a way
to make Clipper/DTII as protective of privacy as current analog-tapping laws;
as inconvenient as current analog tapping. If we accept the need for 
wiretapping, we can find such ways. Variants of Micali's fair crypto; an open,
publicly available no-trapdoor algorithm; a requirement that, as with primitive
exchanges, DTII'd ones would still have to be visited by LEOs to work a tap,
etc. We can then respond to the various (non-serious) calls from Freeh, Denning
et al for an 'alternative'.

Or else, if wiretapping per se does more harm to privacy than it does to crime,
call for an end to wiretapping altogether.

There is an anecdote about George Bernard Shaw (or Bertrand Russell?):
At a social event, he hypothetically asks the lady next to him whether she
would sleep with him for a million pounds. For a million pounds, she says, she
migh consider it. "Would you sleep with me for sixpence, then?" he asks. 
Outraged, she replies "What kind of woman do you think I am?" His response:
"We have already established what kind of woman you are. We are just haggling
about the price."

Rishab

(ps. no offence intended -- that's an illustratory anecdote, c'est tout)


-----------------------------------------------------------------------------
Rishab Aiyer Ghosh                                    They came for the Jews,
                                    and I was silent because I was not a Jew;
rishab@dxm.ernet.in                        They came for the Trade Unionists,
                                     and I did not protest, because I did not
Voice/Fax/Data +91 11 6853410                        belong to a trade union;
Voicemail +91 11 3760335      They came for the Catholics, and I said nothing
                                                because I was not a Catholic;
H 34C Saket                                        And then they came for me.
New Delhi                            There was no one left to say anything...
INDIA                                                   ----Father Niemoeller





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