[12801] in Commercialization & Privatization of the Internet
Gov demanding PGP key
daemon@ATHENA.MIT.EDU (DAN L. BURK)
Sun May 29 13:25:23 1994
Date: 28 May 94 23:18:00 EST
From: "DAN L. BURK" <DBURK@gmuvax.gmu.edu>
To: "com-priv" <com-priv@psi.com>
Rob Horn writes:
>> I like this analysis -- I don't know if a court would buy it, but it
>> appeals to me. It's intellectually very neat.
>
>
> It will hold up better than you think. If you examine the exact words,
I'm afraid its unclear. The issue is not the prima facie wording of the
constitution, but whether the key is "testimonial" under the Supreme Court's
reading of the constitution.
I'm in the middle of a thread over on the CYBERIA list where a bunch of
cyberlawyers are slugging it out over this precise issue: whether the key
is testimonial. The answer thus far: nobody knows. My instinct is that it
isn't, and can be compelled, but there are very good arguments cutting the
other way, too.
Dan L. Burk
dburk@gmuvax.gmu.edu
