Crypto in a crime appears about to become law (fwd)

[William Knowles <wk () C4I ORG>]

Date: Wed, 24 May 2000 00:26:46 -0400
From: Dave Emery <die () die com>
To: cypherpunks () cyberpass net
Subject: Crypto in a crime appears about to become law
Mail-Followup-To: cypherpunks () cyberpass net
Sender: owner-cypherpunks () cyberpass net
Reply-To: Dave Emery <die () die com>

        S 2448,  the Schumer-Hatch Internet Integrity and Critical
Infrastructure Protection Act of 2000 which amoung many other things
seriously raises criminal penalties for cracking into systems and lowers
the standards for federal prosecution for such cases (and makes it
possible to seize the house a computer used in a hacking attack was
located in), also includes this new language of interest to those
concerned with the public's right to use cryptography...


SEC. 108. SENTENCING DIRECTIVES FOR COMPUTER CRIMES

c) AMENDMENT OF SENTENCING GUIDELINES RELATING TO USE OF ENCRYPTION-
Pursuant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission shall amend the
Federal sentencing guidelines and, if appropriate, shall promulgate
guidelines or policy statements or amend existing policy statements to
ensure that the guidelines provide sufficiently stringent penalties to
deter and punish persons who intentionally use encryption in connection
with the commission or concealment of criminal acts sentenced under the
guidelines.


        Other interesting additions...

SEC. 106. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE.

Section 2516(1)(c) of title 18, United States Code, is amended by
striking `and section 1341 (relating to mail fraud),' and inserting
`section 1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse),'.

        This allows wiretaps in hacking cases....


and ....

SEC. 303. ENCRYPTION REPORTING REQUIREMENTS.

Section 2519(2)(b) of title 18, United States Code, is amended by
striking `and (iv)' and inserting `(iv) the number of orders in which
encryption was encountered and whether such encryption prevented law
enforcement from obtaining the plaintext of communications intercepted
pursuant to any such order, (v) the approximate nature, amount, and cost
of the manpower and other resources used in obtaining the plaintext of
intercepted communications that were encrypted, and (vi)'.

        Notice the last sentance....



--
        Dave Emery N1PRE,  die () die com  DIE Consulting, Weston, Mass.
PGP fingerprint = 2047/4D7B08D1 DE 6E E1 CC 1F 1D 96 E2  5D 27 BD B0 24 88
C3 18

ISN is sponsored by SecurityFocus.com
---
To unsubscribe email LISTSERV () SecurityFocus com with a message body of
"SIGNOFF ISN".