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From: lauren@vortex.UUCP (Lauren Weinstein)
Newsgroups: net.crypt
Subject: Re: encrypted mail
Message-ID: <691@vortex.UUCP>
Date: Sat, 15-Jun-85 17:54:15 EDT
Article-I.D.: vortex.691
Posted: Sat Jun 15 17:54:15 1985
Date-Received: Tue, 18-Jun-85 05:28:13 EDT
References: <198@geowhiz.UUCP>
Organization: Vortex Technology, Los Angeles
Lines: 36

Note that the right to distribute information is not absolute.
We all know the one about "shouting fire in a crowded public place."

There are others:

1) Aiding and abetting in the commission of a crime.  Would
   a non-common-carrier be aiding in a crime if information
   (let's say credit card lists) were sent through their system?
   What if they were TOLD this was going on but continued to
   do it since they claimed they couldn't do anything about
   encrypted mail?  Common-carriers have some protection in this
   area, but getting common-carrier classification is not
   particularly easy--their are lots of conditions to be met.

2) Child pornograpy (obvious -- hopefully doesn't apply to
   this net).

3) In many countries, the distribution of "hate literature"
   is illegal (Canada, much of Europe).  In fact, Europe
   dropped net.politics due to messages coming through the
   gateway that were illegal over there!  Similar laws
   are being considered in the U.S.--inspired by recent
   Neo-Nazi events.

4) Libel and copyright violations we all know about.

I know of no laws that make violations of the above 
sorts of things legal just because they are encoded.  I suspect
the first time there was a violation, people could claim
ignorance and probably be OK.  But if the existence of 
encrypted mail systems was used as on ongoing excuse that
prevented the stopping of traffic in violation of law (I'm not
arguing the quality of those laws in this message) then the
effects might be, uh, interesting to say the least.

--Lauren--