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Re: reno_key_escrow.statement (fwd)
Trotter writes:
> Thanks to Mike Godwin for forwarding the announcement about the
> Clipper chip stuff. I am not a Constitutional law person or
> criminal preceedure person, but if I understand this proposal
> correctly, it does not require a member of the judiciary to be
> involved.
Not at the key-escrow phase, no. But you have to have a valid search
warrant or authorization order in hand before you can go to the escrow
agencies and request the partial keys.
Here's the relevant language:
> > ATTORNEY GENERAL MAKES KEY ESCROW ENCRYPTION ANNOUNCEMENTS
> >
> > When an authorized government agency encounters suspected key-
> > escrow encryption, a written request will have to be submitted to
> > the two escrow agents. The request will, among other things, have
> > to identify the responsible agency and the individuals involved;
> > certify that the agency is involved in a lawfully authorized
^^^^^^^^^^^^^^^^^^^^^
> > wiretap; specify the wiretap's source of authorization and its
^^^^^^^^^^^^^^^^^^^^^^^
> > duration; and specify the serial number of the key-escrow
> > encryption chip being used. In every case, an attorney involved in
> > the investigation will have to provide the escrow agents assurance
> > that a validly authorized wiretap is being conducted.
The reason that Reno doesn't just say "a court-ordered wiretap" is
that there are some emergency circumstances under which wiretap
authorization can be gotten in advance of approval by a neutral
magistrate. Both the Wiretap Act and the Foreign Intelligence Surveillance
Act make provisions for such emergencies.
Eventually, such emergency wiretaps do have to be reviewed by a
magistrate, however. In the Wiretap Act, and, I believe, in FISA,
the time limit is 48 hours.
--Mike