From: Black Unicorn <unicorn@access.digex.net>
Date: Thu, 6 Oct 94 10:35:35 PDT
To: prz@acm.org
Subject: Re: Key Forfeiture, not Key Escrow
In-Reply-To: <m0qspDz-0002wCC@maalox.ppgs.com>
Message-ID: <199410061735.AA00376@access1.digex.net>
MIME-Version: 1.0
Content-Type: text/plain


Philip Zimmermann scripsit
> 
> The Government seems to choose its terminology carefully in cases where
> that terminology can affect the politics of a situation.  I suggest
> that we start referring to key escrow as "key forfeiture".

This got me thinking about a potentially interesting aspect of this whole 
process.

Isn't this a taking?  Government is reducing the value of the key, and 
the associated software by forfeiting it.  It would seem to me that the 
value of a key "stored" by government makes:

1>  Insurance liability for cash transactions involving stored keys larger.
2>  A lessened value of services of the software.
3>  A reduced value to the user of what is essentially his property.

Thin on many grounds... but interesting none the less.

The public welfare exception will be the likely defense, but the burden 
is on the defendant to show public welfare.


> 
> Philip Zimmermann
> 
 
-uni- (Dark)

-- 
073BB885A786F666 nemo repente fuit turpissimus - potestas scientiae in usu est
6E6D4506F6EDBC17 quaere verum ad infinitum, loquitur sub rosa    -    wichtig!