THE METAPHOR IS THE KEY: CRYPTOGRAPHY,
THE CLIPPER CHIP, AND THE CONSTITUTION

A. Michael Froomkin

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143 U. Penn. L. Rev. 709 (1995). All rights, including electronic republication are reserved. Permission is hereby granted to make one (1) printed copy of this document for private use only.
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* © Copryight A. Michael Froomkin, 1995. Associate Professor, University of Miami School of Law. B.A. 1982, Yale College; M.Phil. 1984, Cambridge University; J.D. 1987, Yale Law School. Internet: Mfroomki@Umiami.ir.miami.edu (PGP 2.6.2 public key appears infra note 787). Research for this article was supported by the University of Miami School of Law Summer Research Grant Fund. SueAnn Campbell, Nora de la Garza, Yolanda Jones, and Brian Williams provided superb library support, Rosalia Lliraldi provided secretarial support, and Julie Owen provided indefatigable research assistance. I am grateful to Abe Abraham, Stewart Baker, Tom Baker, Ken Bass, Caroline Bradley, Dorothy Denning, John Ely, Steve Fishbein, John Gilmore, Lance Hoffman, Mark Lemly, Larry Lessig, Charles C. Marson, George Mundstock, David Post, Jonathan Simon, Miles Smid, David Sobel, Cleveland Thorton, Lee Tien, Eugene Volokh, Stephen F. Williams, Steve Winter, two anonymous bureaucrats, and the participants in a University of Miami faculty seminar for their comments, corrections, and suggestions. I first encountered several of the issues discussed in this Article in the Cypherpunks and Cyberia-L mailing lists, and on the misc.legal.moderated newsgroup. For an earlier version of portions of Part III of this Article, see A. Michael Froomkin, The Constitutionality of Mandatory Key Escrow--A First Look, in Building in Big Brother: The Cryptographic Policy Debate (Lance Hoffman ed., forthcoming Mar. 1995) (manuscript at 413) [hereinafter Building in Big Brother].

Unless otherwise specified, this Article reflects legal and technical developments occurring on or before January 1, 1995.