From: Gary Howland <gary@kampai.euronet.nl>
Date: Mon, 11 Mar 1996 00:42:03 +0800
To: cypherpunks@toad.com
Subject: Re: Leahy's guillotine
Message-ID: <199603101630.RAA08311@kampai.euronet.nl>
MIME-Version: 1.0
Content-Type: text/plain


Bill Stewart wrote:

> Let's look at the word "willfully".  Among other things, it implies
> knowledge; under US law, to be guilty you have to know you did something
> that you at least reasonably believe is an activity that you're not supposed
> to do.

Agreed, but it's precisely the sort of thing that is misinterpreted
by prosecutors and has to be resolved by a judge after a potentially
long stay in prison whilst awaiting trial.  (All depending on
circumstances of course).  Too close for comfort I'm afraid.


Jim Bell wrote:

> 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...

I think the following is a tad better:

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...


Gary
--
pub  1024/C001D00D 1996/01/22  Gary Howland <gary@kampai.euronet.nl>
Key fingerprint =  0C FB 60 61 4D 3B 24 7D  1C 89 1D BE 1F EE 09 06