
As I read the current wiretap law, it would not be legal now.  On the
other hand, assuming a legislative change, recording but not decrypting
Clipper conversations would probably be found constitutional by the Supreme
Court, using the same reasoning (or the lack thereof...) by which they
permit random roadblocks to check for drunk drivers.

Incidentally, if we use that as our model, the Court will likely not
uphold selective recording.  (On the other hand, I don't think they've
thrown out ``drug courier profiles'' yet.  Must be that exception to
the Fourth Amendment that I can never find in my copy of the Bill of
Rights.)

A lot -- and I mean a *lot* -- will depend on exactly how Clippertaps
(or Tipperclaps, for encrypted music?) are used.  Don Alvarez showed in
the latest RISKS digest that it's possible to prevent the cops from
reading traffic after their warrant expires.