[13959] in cryptography@c2.net mail archive
Re: traffic analysis (was: blackmail / stego)
daemon@ATHENA.MIT.EDU (Steve Schear)
Wed Aug 27 19:45:25 2003
X-Original-To: cryptography@metzdowd.com
X-Original-To: cryptography@metzdowd.com
Date: Wed, 27 Aug 2003 14:30:45 -0700
To: Jim McCoy <mccoy@mad-scientist.com>, cryptography@metzdowd.com
From: Steve Schear <s.schear@comcast.net>
In-Reply-To: <5138B771-D8C9-11D7-884F-000393071F50@mad-scientist.com>
At 01:01 PM 8/27/2003 -0700, Jim McCoy wrote:
While IANL, it seems that the whole anonymity game has a flaw that doesn't
even require a totalitarian regime. I would direct you to the various laws
in the US (to pick a random example :) regarding conspiracy. Subscribing to
an anonymity service might not become illegal, but if anyone in your
"crowd" was performing an illegal action you may be guilty of conspiracy to
commit this action. You were explicitly trying to assist someone to avoid
lawful detection of illegal activity, therefore you are in danger of being
charged with conspiracy to commit the illegal act (even if the overt act
was never successfully completed, which is where things could get really
surreal for the remailer/crowds/proxy groups.) It is also worth noting that
the burden of proof in a conspiracy trial is substantially lower than for
other cases...
I too ANAL, but I think the prosecution would have to prove that you knew
or should have known that your system was being used specific illegal
acts. Just knowing that someone "might" use your link to illegal purposes
is insufficient.
steve
"The fetters imposed on liberty at home have ever been forged out of the
weapons provided for defence against real, pretended, or imaginary dangers
from abroad."
--President James Madison (1751-1836)
---------------------------------------------------------------------
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to majordomo@metzdowd.com
