From: Alan Olsen <alan@ctrl-alt-del.com>
Date: Sun, 27 Apr 1997 12:26:36 -0700 (PDT)
To: tz@execpc.com
Subject: Re: Crypto moves forward: Commerce Dept panel and SAFE markup
In-Reply-To: <Pine.GSO.3.95.970425201740.13101F-100000@well.com>
Message-ID: <3.0.1.32.19970427122125.031071a0@mail.teleport.com>
MIME-Version: 1.0
Content-Type: text/plain


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

At 06:50 PM 4/26/97 -0400, tz@execpc.com wrote:
>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.

It is kind of similar to the laws involving guns and crime.  If they find a
gun anywhere near the crime scene they tack on bigger and better penalties. 
(For example: they break down the door of someone who has some quantity of
illegal molecules on their property and find a gun in the search.  Odds are
they will try and tack on the "gun used in commission of a crime" penalties.)
 Anything that can become a threat to those in power will become eligible for
such additional penalties at some point.  

"In the future it will be extra jail time for using fire and/or the wheel in
the commission of a crime.  and the people to bring it to you?  The TLAs!"

-----BEGIN PGP SIGNATURE-----
Version: 4.5

iQEVAwUBM2OnKOQCP3v30CeZAQGXIAf+JS45w58k062qNfMAOPs8zDrwi2V7LkrD
U1ibZoTCA8zr5PMP8/JqOEhY7vxWsduO53OHYJPKj46cqZ5WkLpTJdQUzJ1vRLTZ
/hvd84/MgWnThb+zVZoqywH3Ss049vq6RWSJQkNXkGzMrTi3920uOrAXd+55LclN
jDjsvEMTnyQN1ziF2v4SMaMNnd0zN0xVG+/xmm4CHcQL2FR0wJhSZGiyYilL21w6
9qIilgQmpx6t7Ma4V94CnFS/mJzPNc/0DHRvnuIBdSD/XPRvJdVdA+gwDXKDoMJk
SBhAI3mbrTvPRAP9AE+bco7ecxuDDhJElcTJDU2PjBowu4gfPL3WwA==
=72ny
-----END PGP SIGNATURE-----

---
|            "Mi Tio es infermo, pero la carretera es verde!"            |
|"The moral PGP Diffie taught Zimmermann unites all| Disclaimer:         |
| mankind free in one-key-steganography-privacy!"  | Ignore the man      |
|`finger -l alano@teleport.com` for PGP 2.6.2 key  | behind the keyboard.|
|         http://www.ctrl-alt-del.com/~alan/       |alan@ctrl-alt-del.com|