Escrow expectations

If there is no expectation of privacy when a key is escrowed
with Bob, or my companies attorneys, then would there be any
expectation of privacy under Clipper?  Perhaps this is a powerful
argument we should expect to have used against us...

	"Your honor, we argue that in escrowing his keys with the US
government, the defendant should have known his communications could
be listened to, and thus has no expectation of privacy."


Adam

-- 
"It is seldom that liberty of any kind is lost all at once."
					               -Hume

On Fri, 8 Dec 1995, Adam Shostack wrote:

> 
> 	If there is no expectation of privacy when a key is escrowed
> with Bob, or my companies attorneys, then would there be any
> expectation of privacy under Clipper?  Perhaps this is a powerful
> argument we should expect to have used against us...
> 
> 	"Your honor, we argue that in escrowing his keys with the US
> government, the defendant should have known his communications could
> be listened to, and thus has no expectation of privacy."

Uh, this was the entire point of that thread "is a lawyer in the house" yes.

> 
> 
> Adam
> 
> -- 
> "It is seldom that liberty of any kind is lost all at once."
> 					               -Hume
> 
> 

---
My prefered and soon to be permanent e-mail address: unicorn@schloss.li
"In fact, had Bancroft not existed,       potestas scientiae in usu est
Franklin might have had to invent him."    in nihilum nil posse reverti
00B9289C28DC0E55  E16D5378B81E1C96 - Finger for Current Key Information

On Sat, 9 Dec 1995, Black Unicorn wrote:

> On Fri, 8 Dec 1995, Adam Shostack wrote:
> 
> > 	If there is no expectation of privacy when a key is escrowed
> > with Bob, or my companies attorneys, then would there be any
> > expectation of privacy under Clipper?  Perhaps this is a powerful
> > argument we should expect to have used against us...
> > 
> > 	"Your honor, we argue that in escrowing his keys with the US
> > government, the defendant should have known his communications could
> > be listened to, and thus has no expectation of privacy."
> 
> Uh, this was the entire point of that thread "is a lawyer in the house" yes.
> 
I argue in my Clipper article that while the government might make that 
argument, it would be unconscionable for the court to accept it.  I think 
there is a reasonable chance that the court would not.  But no certainty.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.