Re:The Myth of Consumer-Grade Security
by UncleMeat on Wednesday August 28, 2019 @02:58PM
(#20822852)
The 4th amendment grants access if a court signs a warrant. The unique challenge of encrypted communications is that there is no way to access encrypted data without a person giving up their key.
Re:The Myth of Consumer-Grade Security
by jessaustin on Wednesday August 28, 2019 @03:19PM
(#20823066)
You're correct to identify "giving up the key" as the important step. Furthermore, 4A is very clear that should only happen "upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The state can't cheat by pretending it has all of this for the entire populace ahead of time. The literal text of the Constitution makes key escrow impossible.
LE doesn't need a key if they can just break the door down. So all that's needed is a key escrow system set up to broadcast when a key is accessed, so unauthorized access can be prosecuted.
Re:The Myth of Consumer-Grade Security
by jessaustin on Wednesday August 28, 2019 @11:06PM
(#20826328)
The "key escrow system" contains no keys, because only a chump would give up her or his key before she or he has to give it up. As addressed above, 4A specifies very particular circumstances for that, circumstances which do not apply to most citizens.
Courts say otherwise sometimes, but they have to use twisted, convoluted reasoning that doesn't really stand up to the written letter of the constitution. Given that nothing more we can do in the constitution is immune from that either so what is the point of another amendment?