From: Tim May <tcmay@got.net>
Date: Sat, 2 Aug 1997 08:28:37 +0800
To: Vin McLellan <cypherpunks@Algebra.COM
Subject: Re: Denning backs away from GAK
In-Reply-To: <v03102807b00685fc9dd5@[207.167.93.63]>
Message-ID: <v03102808b0082dc62e84@[207.167.93.63]>
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At 1:49 AM -0700 8/1/97, Vin McLellan wrote:

>	To note the obvious, the Constitutional argument cuts both ways,
>with warranted access to "private papers," versus the Founding Fathers'
>proto-privacy and their rude distrust of federal power.  (It's kind of like
>the abortion debate, where the premise you start off with almost dictates
>which conclusion you arrive at, many steps later.)  Denning's pragmatic,
>utilitarian, arguments are useful, but I suggest they mask a deeper shift
>of primacy among competing principles.

But the Constitution has never been interpreted as placing prior restraints
on strength of locks, on shades over windows, etc. Nor on whispering or
speaking in code phrases to deter eavesdroppers.

(Nor, obviously, as the "warranted access" Vin speaks about _ever_ been
construed to mean that house keys must be deposited in advance ("escrowed"
in newspeak) with law enforcement.)


It is this prior restraint on the strength of security technology which is
at issue. If a proper warrant is gotten, the disclosure of papers may be
compelled. Whether they can be gotten depends on a lot of things. Just as
with physical papers, which may or may not be retrievable.


>about this, it will be _very_ interesting.)  Denning, like many on the
>other side, is smart & idealistic.  This study and other recent statements

Well, this is your opinion. I've read a lot of her stuff, and heard her
speak, and I can't agree with your characterization.

--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."