Comment Re:Update to Godwin's law? (Score 1) 575
I'm not sure if you're being facetious, or if you actually buy your own bullshit, but just in case it's the latter, I'm going to bust your chops a little here:
I think most Americans would be accepting of a dual key system as you have described above if they were able to trust the escrow... the problem really comes down to this: NOBODY trusts the US gov'ment to actually hang on to that crap. It's just too easy to exploit. You might think that hey, if only the FBI has access to this, it's cool. But in no time, you've got a US marshal that gets a warrant, and then asks the FBI for the key... then you've got a state general attorney that asks for the key, then a detective... and pretty soon, the FBI is a rubber stamp committee that just doles them out to any person who asks. Now a day doesn't go by that I don't see a story in the news about a corrupt local cop, a corrupt AG (hell we've got two in a row here in Utah), or a corrupt marshal. LAW ENFORCEMENT OFFICERS ARE PEOPLE TOO, and that means there will be abusers of the system. They will use their access to this system to abuse it, and the whole point of the fourth amendment was to prevent searches that were not pursuant to a specific instance of probable cause.
I have yet to see a case in the news that validates the idea that encryption hinders investigations... because in every case, there was some other probable cause that allowed them to look at the encrypted device in the first place. In those cases where law enforcement gets a warrant, if the suspect refuses, they can hold the suspect in contempt indefinitely. I have NEVER and I mean NEVER seen a case where a child was in eminent danger, and quick decryption of a suspect's data provided the key to saving that child.
I blame Jack Bauer for this. People watch too much TV and think, oh, it sure would be nice if cops could punch bad guys until they give up the location of the nuke, when in fact that is the opposite of what does happen. These things are either spotted and stopped well in advance, or we fail to stop them.