Ian J-B rites:
>That's not entirely correct either. Most countries (possibily all) have
>legislation which prevents the use of devices which prevent the authorities
>from being able to access the infomation passing within their national
>boundaries.
Understand the concern but would like to point out that the USofA is not
"most countries". There are certain constitutional issues would make such
persecution difficult (not saying it won;t be tried, just that I would be
surprised if it succeeds in the end).
Unlike many other countries, Amurricns are under no obligation to speak
clearly (are songwriters/teenagers routinely arrested for unintelligible
speech/lyrics elsewhere ?)
>I am not a lawyer but I understand from
>lawyer colleagues on working groups that countries, including Germany, do
>have legislation which can be applied to make the holding/use of data
>encryption products an admission of guilt (of some much darker activity).
Interesting notion but I doubt that it will catch on here (presumption of
innocence and all that). Could possibly be used to show that certain parties
regularly connumicate with each other but little more unless the code could
be broken and I suspect that the burden of prrof would rest upon the
authorities for such itens as proving:
1) that encryption was used
2) that a specific key was used
3) what the specific message was
4) that the message pertained to an illegal action
5) that was committed (well, "conspiracy" is popular these daze)
(real lawyers may correct the lay interpretation above if they wish)
Also, while it is true that wandering around a parking lot with a slim-jim
and a pocket full of cylinders may be *prima facie* indication of evil-doing,
it is just that: "at first glance", it may not prevail if the individual has
a resonable explination (and if you do not know what a "slim-jim" is I am
under no legal obligation to tell you 8*).
I suspect that encryption has too many uses to be able to be declared
"prima facie" evidence of anything, if enough people get concerned, the
authorities will have a difficult enough time just proving that it *is*
encryption.
Warmly,
Padgett
"It's crackers to slip a rozzer the dropsy in snide"
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