Re: Why escrow? (was Re: How would Leahy bill affect crypto

[jamesd@echeque.com]

At 03:27 PM 3/13/96 -0800, jim bell wrote:

> There is nothing in Leahy's bill which appears to prohibit the 
> escrow agent from informing the key holder of a request/demand for the key; 

On the contrary:  See section 2802(c)(4)

Section 2802(c)
>  "(c) REQUIREMENTS FOR RELEASE OF DECRYPTION KEY TO 
>       INVESTIGATIVE; OR LAW ENFORCEMENT OFFICER.-
>
>   "(1) CONTENTS OF WIRE AND ELECTRONIC COMMUNICATIONS.-
>   A key holder is authorized to release a decryption key 
>   or provide decryption assistance to an investigative or 
>   law enforcement officer authorized by law to conduct 
>   electronic surveillance under chapter 119, only if-
>   [...] or "(ii) a certification in writing by a person 
>   specified in section 2518(7) [...] stating that- "(I) 
>   no warrant or court order is required by law;
>   [...]
>    "(4) NONDISCLOSURE OF RELEASE.-No key holder, officer, employee, or
>   agent thereof shall disclose the key release or provision of
>   decryption assistance pursuant to subsection (b), except as may
>   otherwise be required by legal process and then only after 
>   prior notification to the Attorney General or to the principal 
>   prosecuting attorney of a State or any political subdivision of 
>   a State, as may be appropriate.
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