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Re: Clinton signs bill to count wiretaps that encounter encryption

daemon@ATHENA.MIT.EDU (Arnold G. Reinhold)
Fri May 5 12:57:23 2000

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Date: Fri, 5 May 2000 08:58:45 -0400
To: Barney Wolff <barney@databus.com>, cryptography@c2.net
From: "Arnold G. Reinhold" <reinhold@world.std.com>
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At 9:42 AM -0400 5/4/2000, Barney Wolff wrote:
>Er, and how will these numbers be audited?  Given that distorting them
>will do no direct and immediate harm to any individual, the temptation
>to "adjust" the numbers will be great.  Of course nobody in law
>enforcement would ever do such a thing ...
>
>Barney Wolff  <barney@databus.com>

It's worse than that. The new reports are to cover "law enforcement 
encounters with encrypted communications in the execution of wiretap 
orders." http://www.politechbot.com/docs/clinton-crypto.050300.html 
"Encounters" suggests that there will be no distinction between 
encryption that hinders law enforcement access and encryption that 
does not. For example, any tap of a GSM cell phone could be reported 
even though the cipher GSM uses is relatively easy to break.  In 1999 
there were 676 authorized taps for cell phones and pagers vs. 399 for 
stationary phones. (1998: 576 vs 494, so the trend is toward cell 
phones)

They might even count code-division multiplexing as encryption.  That 
could sweep in many cordless phones used on the stationary lines as 
well. Expect reports that imply encryption is a huge problem for wire 
taps.

Arnold Reinhold


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