re clipper considered harmful from shirriff sprite berkeley edu ken shirriff message id r us oeh agate berkeley edu it seems likely to me that that a large subset of encrypted communications would be archived to tape so they could be read if sometime in the future probable cause arises and a warrant is obtained i think it is unlikely that data like this could be used in court currently leas can install wiretaps on large numbers of phones record calls without listening to them and then post facto obtain warrants and listen to calls after probable cause is established but this strategy wouldn t get the stuff admitted in court at least not in the near term in other words near as i can tell the thing that makes such evidence inadmissable is the interception without a warrant not the attempt to interpret what was intercepted without a warrant i d be surprised that archiving data without consent would be interpreted as anything but analogous to a wiretap by the courts note that that doesn t mean i think it won t be done if technically feasible just as i m sure many wiretaps are done now without warrants just to fish for avenues to investigate so in the future start surveilance start archiving data trump up some probable cause decrypt post facto after the warrant is in hand and the investigation gets a boost from data that sadly won t ever be presented to a jury while i m posting for an interesting cautionary tale projecting this archiving scenario to extremes read lacey and his friends a collection of sf stories by david drake the us starts down the slippery slope by archiving everyghing but don t worry folks it s stored in a secure repository where nobody but leas with warrants can get to it and by the way we ll be installing cameras on all major streets hey this is nothing new we already have cameras in banks and teller machines don t we and then we ll pass laws requiring cameras covering all public places then in some private places then we ll make it a crime ever to be out of range of a camera except in legally licensed privacy cubicles only alone and with a thorough body search before and after but see there s still a right to privacy we haven t curtailed any rights not really and just think how much easier it d be to solve crimes in such a situation just obtain a warrant put on a vr helmet and take a walk down memory lane and hey nobody ll be tracking you or me no need to be self conscious after all if you re not doing anything illegal funny though while speeding and the radar detector industry became pretty much a thing of the past somehow all this didn t elminate all crime in the story and somehow politicians got exemptions on grounds of national security and rich corporations got exemptions for their execs on grounds of industrial espionage and the preservation of competition and not everybody was exactly happy with the system i can t imagine why wayne throop throopw sheol concert net throop aurgate concert net
