From: Jim McCoy <mccoy@communities.com>
Date: Fri, 4 Oct 1996 17:06:18 +0800
To: cypherpunks@toad.com
Subject: Re:Clipper III questions
In-Reply-To: <199610040135.SAA24060@slack.lne.com>
Message-ID: <v03007801ae7a6c99cadc@[205.162.51.35]>
MIME-Version: 1.0
Content-Type: text/plain


>The recent CDT policy post sez of Clipper III:
>
>>* Access to keys internationally "would be provided in accordance with
>>  destination country policies and bilateral understandings."
>
>
>This reminds me of the understanding between CIA/NSA and their counterparts
>in British Intelligence.  [...]

While I am not sure that this oft-made claim can actually be proven,
it does raise an interesting point:  a large amount of communications
traffic crosses international boundaries, which country's laws and
procedures are to be followed when a "legitimate law enforcement need"
is perceived?  While Americans have become somewhat disenchanted with
protections given to American suspects via our Fourth Amendment, a
possible line of attack upon Clipper III might be that those who
want to monitor communications will select the jurisdiction in which
it is easiest for them to get a court order.

While "coddling criminals" and "throwing out evidence based upon
technicalities" has a negative PR value, Americans are a cheuvanistic
lot who tend to go completely ballistic when told that they must be
subject to the laws of another country, and given the nature of internet
communications this might be something which could be used to our advantage.
Something like "Clipper III is giving away your First Amendment rights in
cyberspace and replacing them with the restrictive expresion laws of
Country X, is that what you really want?"

The international angle may be a good card to play in the American debate.
>From a law-enforcement point of view international communications gives
them little to work with: there are already numerous articles which can
be quoted pointing out that terrorists [insert optional horseman] already
have access to strong crypto so Clipper III will not catch them, the only
thing it is good for is spying on honest Americans... :)

jim

p.s.  On the commercial side, the known economic espionage cases of the
French and Japanese governements may also be points to raise.