From: smb@research.att.com
Date: Sat, 23 Jul 94 17:12:24 PDT
To: Berzerk <berzerk@xmission.xmission.com>
Subject: Re: "Key Escrow" --- the very idea
Message-ID: <9407240012.AA02552@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



	 > 	they can detect abuses and possibly notify those tapped that
	 > 	they've been compromised.  They can't do that without either an
	 Wait a second, they would notify those that have been victimized?  Are
	 you serious?  Do you have one case in the history of the united states
	 where they have done this?

In point of fact, U.S. law has required after-the-fact notification of
wiretaps since 1968.  There's a statutory period within which
notification must take place, unless extended by a judge on the
grounds.

This is 18 USC 2518(8)(d):

	     (d)  Within a reasonable time but not  later than ninety
	days after the filing of an application for an order of approval
	under section 2518(7)(b) which is denied or the termination of
	the period of an order or extensions thereof, the issuing or
	denying judge shall cause to be served, on the persons named in
	the order or the application, and such other parties to inter-
	cepted communications as the judge may determine in his discre-
	tion that is in the interest of justice, and inventory which
	shall include notice of-

		  (1)  the fact of the entry of the order or the applica-
	     tion;

		  (2)  the date of the entry and the period of autho-
	     rized, approved or disapproved interception, or the denial
	     of the application, and

		  (3)  the fact that during the period wire, oral, or
	     electronic communications were or were not intercepted.

	The judge, upon the filing of a motion, may in his discretion
	make available to such person or his counsel for inspection such
	portions of the intercepted communications, applications and
	orders as the judge determines to be in the interest of justice.
	On an ex parte showing of good cause to a judge of competent
	jurisdiction the serving of the inventory required by this
	subsection may be postponed.

This is for domestic surveillance, not for intercepts pursuant to the
Foreign Intelligence Surveillance Act.