From: jim bell <jimbell@pacifier.com>
Date: Sun, 22 Sep 1996 11:45:18 +0800
To: Black Unicorn <dthorn@gte.net>
Subject: Re: The GAK Momentum is Building...
Message-ID: <199609220058.RAA10810@mail.pacifier.com>
MIME-Version: 1.0
Content-Type: text/plain


At 01:58 PM 9/20/96 -0400, Black Unicorn wrote:
>On Wed, 18 Sep 1996, Dale Thorn wrote:
>> My comment: Once the big Corp.'s get used to the new game, they'll put 
>> the non-critical stuff out there for Mr. Freeh, and for the really 
>> secret data, if the cops confiscate anything they can't read, the Corp. 
>> security will put it off on a fall-guy, even as high as the CEO if 
>> necessary. I just wanna see one case where a federal judge will try to 
>> bleed a big company for contempt for "refusing" to decode and hand over 
>> some ostensibly encrypted data. Matter of fact, there are probably cases 
>> similar to this that have already been through the appeals courts.
>
>Several.  Most involve foreign banks refusing to turn over records to U.S.
>courts.  Most result in powerfully large fines imposed on banks, often on
>a per diem basis.


But as usual, you ignore the obvious solution to the problem.  Let's suppose 
the amount of the fine is set at $1000 per day.  Actuarially, this works out 
to be the interest (at 5% per year) on $7.3 million dollars in principle.  
In other words, if you can eliminate the fine for less than $7.3 million, 
you're better off doing it.

Naturally, you won't even consider the possibility of going outside the 
system to solve a problem.  The rest of us notice that there are probably 
thousands of terminally-ill people who would gladly act as a human kamikaze 
and get rid of any judge inclined to impose such a fine, for a payment of 1% 
of this principle amount to a family member or loved one, leaving 99% 
available for the few other judges foolish enough to basically commit 
suicide by taking up a futile gesture.

This kind of operation is best arranged by what might be described as an 
"insurance company," which will divide the risk among client companies until 
everyone learns what the score really is.   It wouldn't take long before no 
such fines are ever imposed.

But nah, this is much too complex for you.


Jim Bell
jimbell@pacifier.com