From: Black Unicorn <unicorn@schloss.li>
Date: Thu, 7 Dec 95 15:47:33 PST
To: cme@acm.org
Subject: Re: Is there a lawyer in the house?
In-Reply-To: <9512072127.AA28756@tis.com>
Message-ID: <Pine.SUN.3.91.951207184258.1146D-100000@polaris.mindport.net>
MIME-Version: 1.0
Content-Type: text/plain


On Thu, 7 Dec 1995 cme@acm.org wrote:

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> 
> >Date: Sat, 2 Dec 1995 03:39:00 -0500 (EST)
> >From: Black Unicorn <unicorn@polaris.mindport.net>
> >Subject: Re: Netscape gives in to key escrow
> 
> >An individual has no legitimate expectation of privacy in the encryption 
> >numbers in his GAK browser, we reasoned, because he voluntarily conveyed 
> >those numbers to the government when he purchased the software.
> 
> It could be even worse.  I was on a panel last year with Scott Charney (sp?)
> (I believe from DoJ) during which he commented that if you give your secret
> key to anyone -- e.g., your own company -- then you have given up the
> presumption of privacy.  That leaves the police open to get that secret
> without a warrant.

Uh, you managed to delete the part of my message that said precisely this 
- i.e. that conveying information to a third party with which you have 
no expectation of confidentiality estopps you from later claiming said 
information as a protected interest under the fourth amendment.

You also deleted the citation to the case.  They aren't my words, they 
are those of the supreme court.  (The GAK bit was my extrapolation of the 
concept into the realm of key forfeiture)

> This claim should be checked by a real lawyer.

I am a real lawyer.

> +--------------------------------------------------------------------------+
> |Carl M. Ellison    cme@acm.org    http://www.clark.net/pub/cme		   |
> |PGP: E0414C79B5AF36750217BC1A57386478 & 61E2DE7FCB9D7984E9C8048BA63221A2  |
> |  ``Officer, officer, arrest that man!  He's whistling a dirty song.''    |
> +---------------------------------------------- Jean Ellison (aka Mother) -+
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---
My prefered and soon to be permanent e-mail address: unicorn@schloss.li
"In fact, had Bancroft not existed,       potestas scientiae in usu est
Franklin might have had to invent him."    in nihilum nil posse reverti
00B9289C28DC0E55  E16D5378B81E1C96 - Finger for Current Key Information