From: "William H. Geiger III" <whgiii@amaranth.com>
Date: Mon, 28 Apr 1997 01:50:25 -0700 (PDT)
To: tz@execpc.com
Subject: Re: Crypto moves forward: Commerce Dept panel and SAFE markup
In-Reply-To: <97Apr26.185020edt.32257-1@brickwall.ceddec.com>
Message-ID: <199704280848.DAA08939@mailhub.amaranth.com>
MIME-Version: 1.0
Content-Type: text/plain


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In <97Apr26.185020edt.32257-1@brickwall.ceddec.com>, on 04/26/97 at 04:50
PM,
   tz@execpc.com said:


>On Fri, 25 Apr 1997, Declan McCullagh wrote:

>> My lord, I'm agreeing with Jim Bell!
>> 
>> Right now, no controls exit on domestic crypto, though strict export
>> controls are in place.
>> 
>> The question is: Do we want to give up any domestic freedom in exchange
>> for a relaxation of export controls? (Congress is, after all, built on
>> compromises between warring factions.)
>> 
>> My instinct is to say "No." Let the courts strike down ITAR, EAR, and its
>> progeny, while we keep our freedoms domestically. 
>> 
>> -Declan

>I emailed Rep Goodlatte, but didn't get a response about this issue.  My
>main problem is that it becomes a felony to use encryption for anything
>that can be prosecuted if I take the legalese literally.  So if I have a
>GSM cell phone in a car that is illegally parked, it seems that I would
>fall under the definition.

>I would mind it less if, 1. There had to be a conviction for the main
>crime.  2. The main crime must be a serious felony (i.e. something far
>worse than a single overdrawn check).  3. The penaly for using encryption
>in furtherance should be less than that for the main crime.  4. encryption
>had to play an intrinsic role in the main crime.  5. It must go beyond
>common, everyday uses of encryption.

What I find troubling with the whole thing is the ideal that I *NEED* the
US Congress to pass a law giving me permision to exercise my 1st Amendment
Rights.

This is just another "bait and switch" scam by the government.

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