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Pro-Crypto Arguments
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The current line of argument in supporting crypto seems to fall into the
"software as speech" (ala First Amendment) or Crypto as munition (and
invoking the Second Amendment).
I think of Crypto as "Freedom of Language".
Imagine the uproar that would be caused if Jesse Helms (or one of his ilk)
tried to pass a law that all conversations over the net or phone lines had to
be in English. (Or at least in a language understood by the cops.) The
amount of uproar would be incredible. The courts have already ruled against
this form of "language escrow". Such rulings should apply to encrypted
communications as well.
Software is just the mechanism for the language of cryptography, it is not
the language itself. Just as in spoken languages, special knowledge is
needed to understand the "ideas" being communicated. The algorithm is (in
part) that language. (But in this case, you are able to speak to only those
you intend, not to the world at large.)
Of course, the question is whether this line of reasoning will work under the
current regime. Maybe, maybe not. It seems a better argument than the ones
I have seen so far... Depends on how far the deck has been stacked against
us.
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