From: Tim May <tcmay@got.net>
Date: Sun, 20 Jul 1997 00:38:06 +0800
To: cypherpunks@Algebra.COM
Subject: Re: Keepers of the keys
In-Reply-To: <19970719074314.59778@bywater.songbird.com>
Message-ID: <v03102811aff6988c41df@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



At 8:51 AM -0700 7/19/97, Marshall Clow wrote:
>At 7:43 AM -0700 7/19/97, Kent Crispin wrote:
>>On Fri, Jul 18, 1997 at 10:10:37PM -0700, Tim May wrote:
>>[usual rant deleted]
>>>
>>> Kill the key grabbers and all those who support them. Isn't it exactly what
>>> Patrick Henry, Thomas Jefferson, and the others would have argued?
>>
>>Amazing.  Patriotism -- the last refuge of the scoundrel.
>>
>>However, Patric Henry said something like "Give me liberty or give me
>>death." That is really very different from "Kill everyone who opposes
>>me and all their supporters." Tim doesn't seem to understand this
>>nuance.
>>
>I think Tim is thinking of:
>
>	"The tree of liberty must be refreshed from time to time,
>	 with the blood of patriots and tyrants."
>
>which, of course, was written by Jefferson.

I wasn't giving any specific quote--I was referring to the general
principles. Apparently Kent Crispin, whom I blissfully killfile, is a
literalist. Some would say anal-retentive.

Can there be any doubt what the reaction of the Founders and other patriots
would be were they to be transported to our modern era and learn that there
are proposals that all citizen-units are to be required to deliver the keys
(and hence the contents) for their most private communications to the King?
Er, I mean, "the Government."

All in the name of stopping "subversion" and other bad things? Jefferson's
revolution every 20 or so years would certainly qualify as subversion...no
doubt Jefferson would be interested to learn that the Government proposes
and end to all such plottings.

No doubt the government of Myanmar (Burma) will be anxious to have the
escrowed keys of the rebels in the jungles. (I pointed this out to Phil
Zimmermann and other PGP, Inc. employees at a Cypherpunks meeting several
months ago, as Phil and others described mounting pressures to make PGP
acceptable for government purchase orders, and "discussions" PGP, Inc. was
having with government bodies.)

Recall the "Enemies List" I posted several months back...basically, there
are hundreds and hundreds of classes of people who are enemies of various
governments. Jews, rebels, IRA, Mormons, Scientologists, Red Brigade,
Militia of Montana, and on and on. All of these groups would feel the brunt
of any key escrow policies here or abroad.

(You do all know, I presume, that wiretaps and surveillance can be gotten
without a normal court order if _any_ foreign contact is suspected? Cf.
details on the Foreign Intelligence Surveillance Act, FISA, the special
court meeting in Arlington, VA, and even more recent, sweeping legislation
a few years ago, the Anti-Terrorism Act of 1995 (or language similar to
this). It basically gave new sweeping powers to surveil and wiretap any
organizations or persons suspected of supporting terrorist
organizations....I'd say this makes the Cypherpunks list and all those on
it eligible for warrantless surveillance. As if we didn't know this.
Whether the Feds bother is another matter, of course. But they could.)

And speaking of quotes, Ben Franklin had a pretty good one with his quote
about those favoring security over liberty deserving neither.

BTW, notice how in the comments of reporter stooge Shea, and weapons lab
stooge Crispin, the debate has shifted back to _domestic_ key escrow? Shea
was talking about stopping crimes by requiring keys be escrowed with
Circuit Court judges--clearly he was talking about domestic key escrow.

How many Amendments would this be in violation of? The First, by
proscribing that only certain forms of speech (escrowed key forms) are
acceptable. The Fourth, by violating the "secure in one's papers and
possessions" (or similar) language, as key escrow would let any bored clerk
or snooping agent examine one's papers. The Fifth, against compelled
testimony against oneself. And probably others.

But I'm sure we can count on the EFF, ECPA, EPIC, and other industry groups
to craft a reasonable compromise which will ensure continuing profits to
corporate sponsors while eviscerating the rights of ordinary Americans.

--Tim May

There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
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: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."