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Uhh. Yes, it is completely legal to sell US citizens encryption the government can't crack. (You cannot export it)
In America our laws are setup where the government is granted specific rights, so until congress passes a law stating you cannot sell uncrackable encryption, it is legal.
Not understanding this difference is pretty much where every stupid fascist law we have comes from.
The real question is if it is legal for storage companies to use the key to your encrypted files except when a warrant is issued.
Another question would be; "why does the backup company have your private key in the first place?"
If I'm storing truecrypt-ed backup blobs to a third party storage services, I'm surely not going to be emailing the key to them for safe keeping with it. If someone wants my blob files decrypted then they can bloody well provide just cause and a court order.
I wasn't as clear as I should have been. My opinion is the only person who should hold the key to your data is you - companies shouldn't keep an extra set of keys and thus should never be in a position to even be able to comply with a warrant for your unencrypted data.
Thus if the government wants your unencrypted data, it should be serving YOU with a warrant for it.
So again, the real question is: can you sell security that the government can't bypass? Your question is moot if the company doesn't have the keys, and if the answer to my question is indeed "yes" then why don't they?





Member since:
2006-03-23
As questionable as the value of the Patriot Act is, in the grand scheme of things it will have little effect on your privacy.
The problem is - and I think Schmidt alludes to this - is that MANY, MANY parties log electronic communications, and any one of these can be an avenue back to authorities, fraudsters, your future employers, etc.
Take online backup sites - do you think your files are safe because they're encrypted? Nope - all the major online backup providers I checked retain the right to decrypt your data (although some will require a warrant).
The real test of privacy is if companies which offer anonymous/protected services are legally allowed to operate. Is it legal to sell encryption the government can't crack? Is it legal to pipe your access.log to /dev/null? In other words: is privacy illegal?