Newsgroups: comp.org.eff.talk
Path: utzoo!utgpu!watserv1!watmath!looking!brad
From: brad@looking.on.ca (Brad Templeton)
Subject: How will the police react to secure communications?
Organization: Looking Glass Software Ltd.
Date: Fri, 22 Mar 91 08:44:13 GMT
Message-ID: <1991Mar22.084413.25223@looking.on.ca>
References: <3622.27d4c133@iccgcc.decnet.ab.com> <1991Mar11.070712.4223@cs.ucla.edu> <3778.27dd2150@iccgcc.decnet.ab.com> <1225@airs.UUCP> <17230@venera.isi.edu> <GUEST.91Mar20184223@geech.ai.mit.edu> <17246@venera.isi.edu> <GUEST.91Mar21181813@geech.ai.mit.edu>

Before too long, secure public key cryptosystems will make routine
personal communications 100% secure.   You'll use E-mail and
digital voice, but since it's easy, you'll use security all the
time.   Your key will probably be stored in a smartcard or smartwatch
that you carry with you.   On your computers, it will be stored in
RAM -- you'll need to enter your password when you boot.

The criminal community will jump to get ahold of this technology, although
it won't be sold for them at first.   But even we non-criminals can see
the virtue in routine security.   Nobody wants to be wiretapped or
E-mail snooped.   (E-mail will get this first.  The ECPA lets them
look at your E-mail with a warrant, but soon that will become valueless
to them, unless your E-mail provider refuses to take encrypted data!)

I have been told that the drug merchants are already using Prodigy as
a communications base, simply because it's harder from a logistic
standpoint to do the tapping, at least right now.  (In theory, it should
be easier, until they encrypt)

But some day it will all be encrypted as a matter of course.  How will
the law, public and the police react to this?

Will they pass laws forbidding encrypted communication?  I can hardly
see this getting by the ACLU and others, but there is still a risk.

Will they have to do lightning raids on people they suspect to
grab their computers while they are still on with the keys in ram?
Rip your smartwatch off your wrist to get your code?

Will they be more tempted to violate your rights to extort your code
out of you?

Will the courts be able to force you to reveal your code, or will this
be considered unfair self-incrimination under the bills of rights?

We know what it should be.  But the police are powerful, and they will
react very badly to the elimination of the wiretap from their arsenal.

How will they catch some of the criminals they now do catch with this
tool?  Even if Jane Public is not that careful, the Mafia will be.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473
