[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

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
Coral Gables, FL 33124 USA | It's warm here.