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Path: cantaloupe.srv.cs.cmu.edu!crabapple.srv.cs.cmu.edu!bb3.andrew.cmu.edu!news.sei.cmu.edu!cis.ohio-state.edu!zaphod.mps.ohio-state.edu!cs.utexas.edu!not-for-mailFrom: nobody@alumni.cco.caltech.eduNewsgroups: sci.cryptSubject: Jerry Berman on pseudonymous privacyDate: 24 Apr 1993 10:38:38 -0500Organization: UTexas Mail-to-News GatewayLines: 108Sender: daemon@cs.utexas.eduMessage-ID: <9304241538.AA10342@alumni.cco.caltech.edu>NNTP-Posting-Host: cs.utexas.eduHello all,I thought you all might like to see this. It's a letter from JerryBerman to David Chaum from November of 1985, in response toinformation that Mr. Chaum sent to Mr. Berman.While I have to congratulate EFF for its prompt response to theClipper Chip announcement from the White House, I think it's importantto recognize the philosophy of their Executive Director, as explainedbelow.I agree that legal remedies are important, but when pressed, I'dprefer to retain the ability to use purely technical solutions topreserve my privacy, because they'll hold up under fire.Mr. Chaum has consented to the publication of this letter on the Net. I don't work for, nor am I a member of EFF, ACLU, or any similarorganizations, but I do agree with them on a great many things. 					--Aristophanes----------                     AMERICAN CIVIL LIBERTIES UNION                       WASHINGTON OFFICE                                                                                                                           122 Maryland Avenue, NE November 1, 1985                                   Washington, DC 20002                                                    --------------------                                                    National HeadquartersMr. David Chaum                                     132 West 43rd Street    Centre for Mathematics and Computer Science         New York. NY 10036    P.O. Box 4079                                       (212) 944-9800        19O9 AB Amsterdam                                   Norman Dorsen                                                         President        Dear Mr. Chaum:                                     Ira Glasser                                                      Executive Director                                                    Eleanor Holmes Norton                                                      CHAIR                                                    National Advisory                                                         Council                                                                                                                                                                                                                                                                             	Thank you for sending me a most interesting article.   Asociety of  individuals  and  organizations  that  would  expend  thetime and resources to use a  series  of  'digital  pseudonyms' toavoid data linkage does not in my opinion make big brotherobsolete but  acts  on  the  assumption  that  big  brother  is  everpresent.  I  view  your  system  as  a  form  of  societal  paranoia.	As a matter of  principle,  we  are  working  to  enact  formallegal protections for  individual  privacy  rather  than  relying  ontechnical solutions.   We want to  assume  a  society  of  law  whichrespects legal limits rather than  a  society  that  will  disobey  thelaw, requiring  citizens  to  depend  on  technical  solutions.  e.g.require  a  judical  warrant  for  government  interception  of  datacommunications rather than  encrypt  all  messages  on  the  assumptionthat regardless of the lawt  the  government  will  abuse  its  powerand invade privacy.	As a  matter  of  practicality,  I  do  not  think  your  systemoffers much hope for privacy.    First, the trend toward universalidentifiers  is  as  much.-a  movement  generated  by  government  orindustry's desire to keep track of all citizens as it is bycitizens seeking simplicity and convenience in all transactions.At best,  your  system  would  benefit  the  sophisticated  and  mostwould opt for  simplicity.  The  poor  and  the  undereducated  wouldnever use or benefit from it.	Finally where there's a  will, there's  a  way. If  governmentwants to link data bases, it  will,  by  law, require  the  disclosureof various individual pseudonyms used by citizens or prohibit itfor data bases which the government wants to link.      Sincecorporations  make  money  by  trading  commercial  lists  with   oneanother, they will never adopt  the  system  or  if  it  is  adopted,will use "fine printn  contracts  to  permit  selling  various   codesused by their customers to other firms.	The solution remains law, policy, and consensus about limitson government or corporate intrusion into areas of individualautonomy.  Technique can be used to enforce that consensus or tooverride it. It cannot be used as a substitute for suchconsensus.                                            Sincerely Yours,                                             /Sig/                                            Jerry J. Berman                                            Chief Legislative Counsel                                            & Direrector ACLU                                            Privacy Technology Project   cc: John Shattuck

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