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Americans for Computer Privacy advisory panel

daemon@ATHENA.MIT.EDU (Declan McCullagh)
Wed Mar 4 22:16:49 1998

Date: Wed, 4 Mar 1998 16:30:22 -0800 (PST)
From: Declan McCullagh <declan@well.com>
To: cryptography@c2.net



---------- Forwarded message ----------
Date: Wed, 4 Mar 1998 16:29:37 -0800 (PST)
From: Declan McCullagh <declan@well.com>
To: politech@vorlon.mit.edu
Subject: Americans for Computer Privacy advisory panel

I've been asked:
> Declan -- can you tell me who is on the advisory panel?

At the press conference today, the ACP distributed a list of who's on
their advisory panel, which "will, from time to time, be called upon by
the ACP to provide advice on the technical, legal, law enforcement and
national security implications raised by computer encryption." 

This list is *not* on their web site, computerprivacy.org. 

Deutch was a strong Clipper proponent (though one source says that he
reined in Louis Freeh); Crowell was a strong domestic crypto-restriction
voice within the NSA; Phil Zimmermann, of course, is at PGP and has
wrestled with key recovery, which he spoke about as recently as CFP
(http://cgi.pathfinder.com/netly/opinion/0,1042,1617,00.html); Litan, in a
recent book he co-authored, does not take a hard pro-crypto line on
exports (key recovery is okay), though mandatory key recovery domestically
is unacceptable. 

One fellow on the advisory panel says he didn't know that such anti-crypto
folks were part of the group and says "we'll resign in protest" if it
strays from an absolutely pro-encryption position. Such as accepting
additional criminal penalties for the use of encryption in a crime?  All
the House bills include this provision. Today representatives of the ACP
signaled that might not be objectionable, though I suspect the matter
hasn't been put to all members of the alliance for a vote. 

Also, Profs. Kathleen Sullivan and Richard Epstein have been retained to
brief Congress. I haven't spoken with Sullivan or Epstein about crypto. 
But Sullivan has a reputation as a moderate liberal and a hardcore First
Amendment advocate, which might translate into sympathetic views on
encryption as speech. Epstein is a libertarian. Some lawyers I know say
he's "brilliant." Epstein has written much about how common law should
inform constitutional jurisprudence... 

They apparently are slated to testify during a hearing before the
"Constitution, Federalism, and Property Rights" Judiciary subcommittee
that Sen. John "2000" Ashcroft chairs. Ashcroft said today he was going to
hold a hearing on March 17, presumably to counter any similar moves by
Sen. "Ban Crypto" Kyl, who chairs another subcommittee where
crypto-arch-enemy Sen. Feinstein is the senior Democrat. 

My writeup this afternoon:
  http://cgi.pathfinder.com/netly/afternoon/0,1012,1782,00.html

My article about ACP from TIME Magazine and Netly News from a month ago:
  http://cgi.pathfinder.com/netly/editorial/0,1012,1722,00.html

-Declan

***

John Deutch
Former Director, CIA

William Webster
Former Director, FBI and CIA

Abner Mikva
Former White House counsel, judge, Congressman

William Crowell
Former Deputy Director, NSA

Robert Litan
Brookings Institution

Fred Smith
Competitive Enterprise Institute

Joseph McNamara
Hoover Institution
Former chief of police, San Jose

Robert Atkinson
Progressive Policy Institute

Phil Zimmermann
PGP / Network Associates




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