IANAL, and I am becoming an old buzzard, so I see this from a different perspective. Let's say select an encryption method for writing records on paper a few decades ago, my understanding is that fifth amendment would protect me from being compelled to disclose the means for decryption, whether I came up with my own encryption or used a published algorithm. The government's argument now seems to be that, if they know the encryption provider, then that provider has to provide a key to unlock. I disagree with that premise. If we pick an encryption method to protect our information from the bad guys, then we need to know that the encryption is as secure as possible...without backdoors that are in the hands of organizations that are vulnerable to teenage crackers or known to keep critical secrets on unsecured servers.
Ideally, we need an encryption marketplace that is independent of the hardware makers and with multiple choices. Even moreso, encryption modules should be capable of being piped in series, much like guitar pedals on a rack, or maybe like the arrangement of Enigma wheels. On one hand, that would make divulging the particular encryption selection even more of a Fifth Amendment issue. However, my main concern is keeping information that criminals might find useful out of the hands of criminals, especially when it comes to terrorists. And, that's why I believe that a security apparatus that actually cares about security would be driving our society to mandate secure encryption.
>>I have to say that every time we lose another tool in our >>toolkit, it raises the risk,
There are multiple risks to balance, and a certain somebody seems to forget what he is supposed to protect. He is supposed to protect our *CONSTITUTIONALLY* defined legal system, not subvert it. So, every time a tool is lost, there is also a risk of us poor little people regaining the protections that our Constitution is supposed to guarantee.
There are a couple of reasons that Nazaire needs to keep this up. One is that we get entertainment from seeing which variant of the Chewbacca defense he tries next. After the gay marriage and Paypal hacker defenses, what's next? The other reason is that there might be a handful of attorneys that were drunk at the bar during his past filings, and additional meandering, reason-free, antilogical missives like this will eventually guarantee that there is no-one in the legal field unaware of his incompetence.
Techdirt has not posted any stories submitted by mac insand.