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Path: cantaloupe.srv.cs.cmu.edu!das-news.harvard.edu!noc.near.net!howland.reston.ans.net!zaphod.mps.ohio-state.edu!ub!clarkson!sunspot.ece.clarkson.edu!tuinstraFrom: tuinstra@sunspot.ece.clarkson.edu.soe (Dwight Tuinstra)Newsgroups: sci.cryptSubject: WH proposal from Police point of viewMessage-ID: <1993Apr18.034352.19470@news.clarkson.edu>Date: 18 Apr 93 03:43:52 GMTSender: news@news.clarkson.eduReply-To: tuinstra@sunspot.ece.clarkson.edu.soeOrganization: Sun Microsystems, Inc.Lines: 55Nntp-Posting-Host: sunspot.ece.clarkson.eduIt might pay to start looking at what this proposal might mean to apolice agency. It just might be a bad idea for them, too.OK, suppose the NY State Police want to tap a suspect's phone. Theyneed a warrant, just like the old days. But unlike the old days, theynow need to (a) get two federal agencies to give them the two parts of the key.Now, what happens if there's a tiff between the two escrow houses?Posession/release of keys becomes a political bargaining chit. Stateand lower-level police agencies have to watch the big boys play politics,while potentially good leads disappear, lives and property are lost,statutes of limitations run out, etc. Not to mention: a moderatelyclever person who suspects the police are after her/him will be buyingnew phones faster than tap requests can be processed. Or using stolenones. [Will the Turing Police come and arrest you for transmittingwithout a dialing license?]There's also bureacracy and security problems -- within each escrow house, how will requests for key disclosure be authenticated? Put in enoughsafeguards of the kind bureaucrats and activists feel comfortable with, and it might take a LONG time to get that key. [Even when a request is approved, how is the key going to be disclosed? Will it be encrypted by a Clipper-typechip for transmission? In a bureaucracy the size of the FederalGovernment, with a databank of the necessary size, and data traffic ofthe projected volume, there's going to be a lot of weak links. How many of these kinds of problems will be open for public or "expert" scrutiny?] Furthermore, the Feds might be leery of handing completed keys around, even to State Police agencies: a trust and security issue. This would be an especially acute issue if some other State's Police had mishandled a key, resulting in lawsuits, financial settlements, and political embarassment. So, the Feds implement it this way: (b) some federal agency gets the keys, performs the tap, and turns the results over to the NY State Police.But let's say Cuomo's been causing some problems over a ClintonAid-To-Urban-Areas proposal. Or there just happens to be a turf wargoing on between the State cops and the Justice department on a case.Now, not only do we have the keys as a political chit, we have anextra player in the game *and* we have the tap's tapes as anotherbargaining chit. Again, the State Police lose.I understand that (legal) wiretaps are quite expensive to maintain. Inscenario (b), who pays the bill?+========================================================================+| dwight tuinstra best: tuinstra@sandman.ece.clarkson.edu || tolerable: tuinstrd@craft.camp.clarkson.edu || || "Homo sapiens: planetary cancer?? ... News at six" |+========================================================================+
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