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From: strnlght@netcom.com (David Sternlight)
Subject: Re: clipper serial numbers need 2nd court order?
Message-ID: <strnlghtC604xs.KC5@netcom.com>
Organization: DSI/USCRPAC
References: <1993Apr23.051005.28404@Princeton.EDU>
Date: Sat, 24 Apr 1993 19:03:27 GMT
Lines: 42

In article <1993Apr23.051005.28404@Princeton.EDU> mg@cs.princeton.edu (Michael Golan) writes:
>something that no one has discussed yet (or I missed it):
>
>The FBI sets up a wiretap AFTER the court order was handed. 
>Only at this point they can access the line and detect 
>the serial number N.
>
>What happens next, does the FBI simply asks for the keys
>for N, and, since a warrant was issued for the line, the FBI 
>simply gets it? What if multiple phones are used from the
>same house, the FBI just asks for N1, N2, etc.?
>
>Exactly who is to prevent the FBI from claiming some
>other serial number, X, was also used over the wirtapped 
>line and get the keys for X? 
>
>Either a second court order (for the specific serial/key)
>is required (and I have seen no indication of this), or
>the FBI can effectively ask for any pair of keys at any
>time, so the escrow key holders are a total fake.
>

Two safeguards:

1. The FBI could be asked to produce the law enforcement block to the escrow
agencies, and associate it with a particular court order;

2. If the thing comes to trial the defense attorneys can probe this issue
closely. It is not too different from proving that the speaker on a legal
wiretap is the person the court order covered.

Putting it another way, this question is not very different from the
pre-clipper question "What's to prevent the FBI from getting a court order
to tap Al Capone and then using it to tap Jonathan Livingstone Seagull
instead?"

David
-- 
David Sternlight         Great care has been taken to ensure the accuracy of
                         our information, errors and omissions excepted.  


