[hcs-d] Government wiretapping

Joe Zimmerman joe at hcs.harvard.edu
Tue Sep 28 15:06:12 EDT 2010


> OK, you are correct, I see in the article that "it is not clear how [the
> policy] could compel compliance... from a 'freeware' application developed
> by volunteers."  Well, that's a huge hole in this proposal isn't it.  Aren't
> there freeware implementations of most cryptographic and communication
> protocols by now?  That would seem to be all you need to work around this.
>  So, as long as I send GPG mail/encrypted VoIP straight to your server, and
> you send GPG mail/encrypted VoIP straight to mine with no intermediate
> service providers except the ISPs, and we both used free software,
> everything still seems to be legally private.
>

It really depends on how they try to enforce it, but I agree the prognosis
is not totally hopeless even if it gets passed. I'd really rather not have
to resort to exceptions in case law, though, as we do for the DMCA and
pretty much any other tech legislation.

Also, a puzzling (non-)development:

http://bits.blogs.nytimes.com/2010/09/28/internet-wiretapping-proposal-met-with-silence/?partner=rss&emc=rss

Thoughts? (I suppose the Times could just be exaggerating; I know I would
find it difficult to put together a coherent reply in this little time. But
then, I'm not a Google.)

-Joe
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