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For clarity, you're talking about 103(b)(3)?

http://en.wikisource.org/wiki/Communications_Assistance_for_...

That doesn't look like a ward against anything, to me. It looks like a compromise stuck into the bill because of push-back from "cypherpunks". If the political winds had changed, or change in the future, that part of CALEA would be removed by a new law.

I think most politicians have no problem banning strong encryption and mandating ISP decryption of it all. Even most citizens have no problem banning strong encryption.




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