If we had key escrow, Scarfo wouldn't be a problem

[Arnold G. Reinhold]

At 5:33 PM -0500 8/15/2001, Jim Choate wrote:
>On Wed, 15 Aug 2001, Michael Froomkin - U.Miami School of Law wrote:
>
>> To be clear, I am *NOT* arguing for key escrow.  Just saying that since
>> I'm against it, I accept that there may be scope for judicious,
>> paper-trail oriented, key logging. 
>
>Of course there is, the question is does one use the key logging to get
>probable cause; or as the 4th requires probable cause to do the key
>logging.
>
>The current trend is to use surveillance technology to obtain 'probable
>cause', this is in direct opposition to the letter and intent of the 4th.
>
>Got a warrant, scan, search, collect all you want. Don't have a warrant
>then leave people the hell alone.
>


I don't think anyone in the Scarfo case is denying the need for 
probable cause. The issue, as I understand it, is whether an ordinary 
search warrant, which the FBI got, is enough or whether a 
more-difficult-to-obtain electronic surveillance order was required.

Arnold Reinhold



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