Re: [PLUG] how to lose your rights and freedom...

["Arthur S. Alexion" <arthur@alexion.com>]

On Sat, 2003-02-15 at 06:42, gabriel rosenkoetter wrote:
> On Fri, Feb 14, 2003 at 07:14:31PM -0500, Paul wrote:
> 
> > Having knowledge of encryption could be compared to having the
> > tools to commit a crime, especially when encryption itself is a
> > crime.
> 
> First, no, having knowledge can only be compared to having
> knowledge. We don't lock locksmiths up because they know how to pick
> a lock.
> 
> Second, no, having tools is not a crime, as my legally purchased and
> legally owned lockpick set demonstrates.
> 
> Your worry, then, is that the government will MAKE having tools be
> illegal; that won't fly. That's presumptive guilt, against most
> things our judicial system stands for. And if there's anything that
> moves slower than the US legislature, it's the US judicial system.
> 

The Pennsylvania crime known as PIC (Possession of an Instrument of
Crime) does create a separate, additional, and independent crime and
penalty for merely using an "instrument" to commit a crime.  I would bet
that a smart prosecutor could argue that cryptography can be an
"instrument of crime".  (I haven't yet heard of it happening, but
someday...)  A client was held for court on PIC charges on Thursday for
having an otherwise legal baseball bat, an official Louisville Slugger. 
She was not accused of hitting a few balls with it though, but rather
using it on her husband's mistress.  However, even a gun is not an
"instrument of crime" unless it is used in the commission of some other
crime.  There is a lot to be scared of with Herr General Ashcroft
calling the shots in the Bushreich, but using cryptography in the
commission of another crime is not one of them.  It is probably already
illegal.

-- 
Arthur S. Alexion <arthur@alexion.com>
Arthur S. Alexion LLC

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