[233] in Cypherpunks
Re: Notes from the field
daemon@ATHENA.MIT.EDU (Mike Godwin)
Wed May 5 23:49:41 1993
From: Mike Godwin <mnemonic@eff.org>
To: fergp@sytex.com (Paul Ferguson)
Date: Wed, 5 May 93 20:04:57 EDT
Cc: cypherpunks@toad.com
In-Reply-To: <ciF43B1w165w@sytex.com>; from "Paul Ferguson" at May 5, 93 4:16 pm
Paul Ferguson writes:
> I recently became aware of an article that you wrote entitled,
> "Notes on Cryptography, Diigital Telephony, and the Bill of
> Rights", which was included in a recent CuD (5.32, Sun May 2,
> 1993). It appeared to be a message you had originally posted to
> the austin.eff newsgroup.
I don't recall posting it to that newsgroup, but it doesn't surprise me
that it appeared there. I have strong connections with Austin and with
EFF-Austin.
> Maybe it's just that time of the day or perhaps I just need for you
> to clarify this a bit more -- How does the ECPA offer protection, as
> it is cuurrently written, against warranted search and seizure with
> regards to technologically advanced systems (such as would crypto be
> considered)?
ECPA doesn't mention encryption. It does, however, penalize unauthorized
disclosure of communications. Whether "disclosure" occurs when a
communication is seized, or when it's decrypted, is an open question.
> "I. As my notes here suggest, these initiatives may be, in their
> essence, inconsistent with Constitutional guarantees of expression,
> association, and privacy."
>
> (End Quote)
>
> You are saying, in effect, that it is your opinion that these
> initiatives may be unconstitutional?
Yes.
> If so, what course of action
> can be suggested, short of a class action lawsuit against an LEA
> after-the-fact?
Lawsuits are almost inherently reactive. The best thing is to lobby
Congress for guarantees of the right to encrypt. State legislatures may
also be a useful target.
> By the way, the article was excellent and since I have not seen it
> posted here in cypherpunks, I'd like your permission to repost it.
You have permission to repost it anywhere. I believe it appeared already
in cypherpunks, though. Maybe some people want to see it again.
--Mike
