[Cryptography] Cryptography for consensual sex in California ?

Dennis E. Hamilton dennis.hamilton at acm.org
Thu Oct 2 02:10:31 EDT 2014


<orcnote> addition below

-----Original Message-----
From: cryptography [mailto:cryptography-bounces+dennis.hamilton=acm.org at metzdowd.com] On Behalf Of Dennis E. Hamilton
Sent: Wednesday, October 1, 2014 17:36
To: 'ianG'; 'Henry Baker'; cryptography at metzdowd.com
Subject: Re: [Cryptography] Cryptography for consensual sex in California ?

<orcnote> below.
-----Original Message-----
From: cryptography [mailto:cryptography-bounces+dennis.hamilton=acm.org at metzdowd.com] On Behalf Of ianG
Sent: Tuesday, September 30, 2014 18:49
To: Henry Baker; cryptography at metzdowd.com
Subject: Re: [Cryptography] Cryptography for consensual sex in California ?

On 30/09/2014 06:57 am, Henry Baker wrote:
> With California's new "yes means yes" law, how would you design a protocol for engaging in consensual sex, which would authenticate the parties' consents, which protected their privacy, but which couldn't be subsequently repudiated ?

[ ... ]

<orcnote>
    Seeking a non-repudiation scheme is not going to work.  
    There is a misunderstanding about what the law establishes.  
    I.e., 

	"Lack of protest or resistance does not mean consent," 
     the law states, "nor does silence mean consent. Affirmative 
     consent must be ongoing throughout a sexual activity and can 
     be revoked at any time."

     From <http://www.npr.org/blogs/thetwo-way/2014/09/29/352482932/california-enacts-yes-means-yes-law-defining-sexual-consent>.  The law is here:
     <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967>.

     Note that No still means No, even after a yes.  
     The point is that without any explicit yes at all, 
     initiation of sex is a very bad idea.
</orcnote>

<orcnote>
     I should add that the law applies specifically to duties 
     Of post-secondary institutions regulated by the State of
     California.  It is directed toward date-rape and non-
     consensual sex involving college students.

     Finally, the way one engages in a non-repudiatable agree-
     ment is of course the same way one now does so, using 
     digital signatures or other means.  It just doesn't happen
     to apply in the case in the badly dubbed "yes means yes" law
     in California.
</orcnote>


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