From: jim bell <jimbell@pacifier.com>
Date: Thu, 7 Mar 1996 13:45:08 +0800
To: "A. Padgett Peterson P.E. Information Security" <cypherpunks@toad.com
Subject: Re: Whut it sez
Message-ID: <m0tuRCc-0008yRC@pacifier.com>
MIME-Version: 1.0
Content-Type: text/plain


-----BEGIN PGP SIGNED MESSAGE-----

At 09:33 AM 3/6/96 -0500, A. Padgett Peterson P.E. Information Security wrote:
>
>Note: downloaded from www.vtw.org so cannot guarentee correctness-
>
>  "§2804. Unlawful use of encryption to obstruct justice"    
>   "Whoever willfully endeavors by means of encryption to obstruct,   
>   impede, or prevent the communication of information in furtherance 
>   to a felony which may be prosecuted in a court of the United States, 
>   to an investigative or law enforcement officer shall-..."
>
>Interesting wording - sounds almost like if you impede the *commission* of 
>a felony, you is been had. Keyword would seem to be "willingly".

You need to learn to read more carefully.  The word they (according to VTW) 
used was "willfully," not "willingly."

In any case, assuming they either never made the error you noticed, or they 
manage to correct it before the bill becomes law, they will have just 
outlawed the used of encrypted remailers, because:

1.  They use encryption to hide the sender and/or the recipient of a note.

2.  Any law-enforcement agency could get a "cooperative", computer-literate 
criminal to upload a message that might, arguably, be part of a larger 
criminal offense (but really wasn't; the purpose is simply to justify an 
investigation) .  The encrypted remailer is then guilty of violation of this 
section, even if the underlying crime is never completed or even 
attempted.  Remember, you can have a "criminal investigation" without having 
a crime.  Or a "crime" can be fabricated at the appropriate time, just like 
they did to those operators of a California BBS, called from Oklahoma by the 
cops, and using a kid to turn the whole fraud into a crime.


> Suspect  they meant to say "...obstruct (etc) the investigation of a
felony..."

Probably.  This section is their wish-list to Santa Claus.  It's easy to 
make mistakes when you're excited about something.   They're hoping you 
suckers will support the whole bill despite this booby-trap.   You're the 
fish, the rest of the bill is the worm, and this section is the hook.

Will you bite? 

Jim Bell
jimbell@pacifier.com

Klaatu Burada Nikto
-----BEGIN PGP SIGNATURE-----
Version: 2.6.2

iQCVAwUBMT4JOvqHVDBboB2dAQFgDQQAmWrTqEaFUC6eFH79cGLeSHXqrXxXb25H
79I+SHT1chhrDQjHYvlPlpovcv/ShyqJB47w8z9XfGTggGKp+WvFVk10du9iviFF
GZRsNgkjtdEpattuw/tZpmCrWW+aOAtM0Ziw+cYQsGdDlbkdHZueJTuCjDwUndGm
BARsyesyGzA=
=kEFi
-----END PGP SIGNATURE-----