[12625] in Commercialization & Privatization of the Internet

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Re: Gov demanding PGP key.

daemon@ATHENA.MIT.EDU (Willis Marti)
Tue May 24 20:06:38 1994

From: Willis Marti <willis@cs.tamu.edu>
Date: Tue, 24 May 1994 12:22:43 -0500
To: bruce@phantom.com, willis@cs.tamu.edu
Cc: eff-mail-com-priv@eff.org, kadie@eff.org

bruce@phantom.com (Bruce Fancher) writes:
-[Willis Marti] has written:
-| >bruce@phantom.com (Bruce Fancher) writes:
-| >(Barry Shein) writes:
-| >| [...]
-| >| >there was a case of a child molester who had encrypted a file (called,
-| >| >ominously, "diary") with PGP and they (da gummint) were trying to get
-| >| >the encryption code he used for that particular document.
-| >| [...]
-| >The proper way to handle this is with a subponea.  And if the alledged 
-| >child molester refuses to comply then he can sit in jail until he does, 
-| >just like any other subponea.
-| What ever happened to the 4th amendment?  How can you advocate someone being
-| imprisoned (for not responding to a subponea, constitutional or not) without
-| bail or without even being convicted of a crime?
-What would you suggest?

I'd suggest the prosecutor prove the allegation some legtimate way, in some
manner that avoids violating the Constitution.  If this was not a criminal
case, do you think the governemnt has the right to compell you to disclose
anything it wants?

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