Re:White House weighs encryption crackdown
by soulofmischief on Friday June 28, 2019 @03:02PM
(#20307767)
We have to adapt our laws to reality; not the other way around. The reality is that even compelling me to produce a hard drive is backed by State violence.
So we must accept that a certain amount of State violence is necessary to keep the peace. Think of a schoolyard Bully going unchecked; it takes someone standing up to them and enforcing the threat of future violence in order to end the actual occurrence of violence.
But there is a clear legal framework here:
I don't have to produce any materials to the State without a warrant acquired by due process (and not parallel construction). This is my protection from unwarranted search and seizure as outlined by the US Bill of Rights.
However, I don't have to tell you where it is. I can't prevent you from taking it, but I have the right to not have to testify. Because the enforcement for my testimony comes from State violence, and we learned from the Dark Ages what happens when we allow the government the power to extract information with force.
It would be quite ironic if, in our quest for not "going dark", we enter the Digital Dark Ages.
So we must accept that a certain amount of State violence is necessary to keep the peace. Think of a schoolyard Bully going unchecked; it takes someone standing up to them and enforcing the threat of future violence in order to end the actual occurrence of violence.
But there is a clear legal framework here:
I don't have to produce any materials to the State without a warrant acquired by due process (and not parallel construction). This is my protection from unwarranted search and seizure as outlined by the US Bill of Rights.
However, I don't have to tell you where it is. I can't prevent you from taking it, but I have the right to not have to testify. Because the enforcement for my testimony comes from State violence, and we learned from the Dark Ages what happens when we allow the government the power to extract information with force.
It would be quite ironic if, in our quest for not "going dark", we enter the Digital Dark Ages.