IP: more laws of unexpected consequences

[David Farber <farber () cis upenn edu>]

> > > >


<excerpt>Date: Fri, 19 Sep 1997 23:52:39 -0400


To: farber () cis upenn edu (David Farber)


From: "Richard J. Solomon" <<rjs () rpcp mit edu>


Subject: more laws of unexpected consequences




Dave: 




Today the WSJ published a complex poll which basically indicated that
less than 17% of the public think the government is "trustworthy." That's
a disaster for any ruling class. People feel equally put off by both the
Democrats and the Republicans. No wonder they don't vote.




I was attempting to catalog all the stupid laws violating our rights that
have been passed since the Alien and Sedition Act that were later
overturned or, more important, were turned against those who passed them,
but I just don't have time this weekend. For corporations, a case in
point would be the Sherman Antitrust Act, but that's too long a story.




My prediction for this new set of stupid crypto laws is that the only
ones who can be forced to obey will be the large corporations -- who are
normally afraid of their own shadows and have too many lawyers telling
them what that can't do -- and <underline>the government
itself</underline>. 




Criminals will encrypt to their hearts' content. But they will be able to
ferret out the governments' own secrets (bribery is encouraged by
nonexistent checks and balances) and those of corporations dumb enough to
place themselves in a position to be blackmailed. 




The little guys won't even know they can't encrypt (just as they don't
know they shouldn't copy popular software) since they don't have an
inhouse law firm telling them what not to do. Computer gurus will just
hide their encryption and smirk.




But the first instance -- the weakness of big corporations -- is the most
interesting: <bold><color><param>ffff,0000,0000</param>the government
will be able to find out quickly about secret price fixing, memos about
addictive products, unsafe vehicles, illegal division of markets, tax
dodges, etc;  </color></bold>and so the big corporations will scream for
exemption.




As for governments: they are so sloppy, even in good times, that they
will have difficulty keeping criminals from getting the keys to their own
crypto and blackmailing officials, judges, prosecutors, and ordinary FBI
agents. Every government -- some 20,000 municipalities, special
districts, townships, and beach patrols -- will be exempt, too.




Soon the list of exemptions will rival the tax code. Consultancies will
be needed to guide firms through the maze of permissions.




And new underground entities -- offshore, of course -- will spring up
providing anything for a fee. Are they not already being established in
anticipation of future forbidden fruits? If you ran a criminal
organization, what law would you be lobbying for?




Who said the government doesn't know how to create jobs?




The intelligentsia will have one more reason to laugh at the government.
And they're the only ones left who vote regularly. But then, maybe voting
records won't be exempt.




Richard
















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