From: tcmay@got.net (Timothy C. May)
Date: Thu, 14 Mar 1996 08:52:41 -0500
To: cypherpunks@toad.com
Subject: The Leahy Bill is Rancid Sausage
Message-ID: <ad6c970d040210046472@[205.199.118.202]>
MIME-Version: 1.0
Content-Type: text/plain



It is said that, as with sausage, one should never watch law being made.
Well, the Leahy bill is rancid sausage.

At 4:07 PM 3/13/96, jamesd@echeque.com wrote:

>Looking for "good guys" in Washington is like Ronald Reagan looking
>for "moderates" in Iran.  On crypto, and on taxes, our interests
>and their their interests are completely opposed.  We should not
>care about, or take any interest in, the slight difference between
>the "moderate" and extremist members of the Senate and the House
>of Representatives.
>
>
>The best bill we can ever hope to get out of Washington is no
>bill at all.

I think this is true. The Leahy bill is so filled with caveats,
qualifications, and references to "legitimate needs of law enforcement"
that it appears to be _WORSE_ than what we now have, where there are
currently few if any laws about domestic encryption.

This is not a "Congress shall make no law" sort of bill. This does not in
clear and unambiguous language say there shall be no restrictions on
cryptography.

Rather, it is more of a "We think crypto is pretty important, especially
for our friends in business, provided it is not used by bad people, is not
used to repress marginalized people of color, is not used to evade the
taxes we covet so much in Washington, and provided that law enforcement's
legitimate needs are satisfied" sort of bill. And it is likely to get even
worse as the Administration starts whacking at it.

(I'm exaggerating a bit, but the more I see of the Leahy bill and of the
analyses done of it, the more concerned I get.)

The last time the EFF pushed for repressive legislation--the Digital
Telephony Act (aka The Wiretap Act)--it nearly finished them off (*). This
time, the support of the EFF may truly finish them off. And the same may
happen to the other lobbying groups if they support the Leahy bill.

(* In the aftermath of Digital Telephony, it was explained by various EFF
spokeswonks that EFF had little choice but to support DT, and that it had
emerged stronger and more influential than ever. Right. Sure. Whatever.
Shortly thereafter, various staff shakeups and departures occurred, the EFF
pulled up stakes and moved to San Francisco, and is now but a shadow of its
former self. Sorry if my views offend EFF founders, but I call 'em as I see
'em.)

--Tim May

Boycott "Big Brother Inside" software!
We got computers, we're tapping phone lines, we know that that ain't allowed.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^756839 - 1  | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."