From: shamrock@netcom.com (Lucky Green)
Date: Thu, 28 Mar 1996 07:12:24 +0800
To: shabbir@vtw.org (Shabbir J. Safdar)
Subject: Re: So, what crypto legislation (if any) is necessary?
Message-ID: <v02120d45ad7e0e677c40@[192.0.2.1]>
MIME-Version: 1.0
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At 2:08 3/26/96, Shabbir J. Safdar wrote:

>We have to wake up and learn from the fight against the net censorship
>legislation.  This is realpolitik.  Congress will legislate crypto,
>whether we want them to or not.  This is not news anyone wants to hear,
>but we have to face up to it.

IMHO, Congress *will* outlaw non-GAK strong crypto. It is only a matter of time.


>This is actually very important.  The Leahy bill forces Joe's Key
>Warehouse to only divulge your key when they've been presented with a
>warrant that's on par with whatever they used to get your original
>communication.  That means that Louis Freeh can't issue an
>administrative subpoena to get your key, after he's got a judge to
>allow the FBI to search your house.  They have to get a judge involved
>for both parts.

It is a widespread myth that wiretaps require warrants. Court ordered
warrants are not required for a wiretap. They have not been required since
the Digital Telephony Bill passed. That the net, the media, and even
attorneys are so blissfully unaware of this, even years after the provision
doing away with requiring warrants became law, is one of the finest
examples of cognitive dissonance you are ever likely to find. It is too
disturbing to believe it, so the mind ignores the facts.

Excerpt from the Digital Telephony Bill

quote
SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.
(a) Capability Requirements: [...] a telecommunications carrier shall
ensure that its equipment, facilities, or services, that provide a customer
or subscriber with the ability to originate, terminate, or direct
communications are capable of--

(1) expeditiously isolating and enabling the government, pursuant to a
court order or other form of authorization, to intercept, [...] all wire
and electronic communications [...].
end quote

*Other forms of authorization*, other than a court ordered warrant that is,
are explicitly allowed. Nowhere in the bill, or anywhere else AFIK, is
stated what form these other forms of authorization can take. No limits
whatsoever as to what the government can do.

"My supervisor approved it" may well suffice.


-- Lucky Green <mailto:shamrock@netcom.com>
   PGP encrypted mail preferred.