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Re: Escrow expectations
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 | [email protected]
P.O. Box 248087 | http://www.law.miami.edu/~froomkin
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