nanog mailing list archives
Re: State Super-DMCA Too True
From: William Allen Simpson <wsimpson () greendragon com>
Date: Sun, 30 Mar 2003 09:39:26 -0500
Jack Bates wrote:
William Allen Simpson wrote:It outlaws all encryption, and all remailers.I'm missing where it outlaws these? In fact, it outlaws others (say your ISP) from decryping your encrypted data.
That is not correct. I'm very sensitive to these issues. As those of you that have been around for awhile may recall, I was investigated by the FBI for "treason" merely for *WRITING* the specification for PPP CHAP and discussing it at the IETF (under Bush I). I don't expect it to be different for Bush II. As Larry Blunk points out, to "possess" an encryption device is a felony! Jack, you need to actually look at the text of the Act: (1) A person shall not assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise an unlawful telecommunications access device or assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise a telecommunications device intending to use those devices or to allow the devices to be used to do any of the following or knowing or having reason to know that the devices are intended to be used to do any of the following: (a) ... (b) Conceal the existence or place of origin or destination of any telecommunications service. [no encryption, no steganography, no remailers, no NAT, no tunnels] [no Kerberos, no SSH, no IPSec, no SMTPTLS] (c) To receive, disrupt, decrypt, transmit, retransmit, acquire, intercept, or facilitate the receipt, disruption, decryption, transmission, retransmission, acquisition, or interception of any telecommunications service without the express authority or actual consent of the telecommunications service provider. [no NAT, no wireless, no sniffers, no redirects, no war driving, ...] (2) A person shall not modify, alter, program, or reprogram a telecommunications access device for the purposes described in subsection (1). [no research, no mod'ing] (3) A person shall not deliver, offer to deliver, or advertise plans, written instructions, or materials for ... [no technical papers detailed enough to matter] (4) A person who violates subsection (1), (2), or (3) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. All fines shall be imposed for each unlawful telecommunications access device or telecommunications access device involved in the offense. Each unlawful telecommunications access device or telecommunications access device is considered a separate violation. [big penalties] (a) Telecommunications and telecommunications service mean any service lawfully provided for a charge or compensation to facilitate the origination, transmission, retransmission, emission, or reception of signs, data, images, signals, writings, sounds, or other intelligence or equivalence of intelligence of any nature over any telecommunications system by any method, including, but not limited to, electronic, electromagnetic, magnetic, optical, photo-optical, digital, or analog technologies. [everything from a DVD, to the network, to the monitor, to t-shirts] -- William Allen Simpson Key fingerprint = 17 40 5E 67 15 6F 31 26 DD 0D B9 9B 6A 15 2C 32
Current thread:
- Re: State Super-DMCA Too True, (continued)
- Re: State Super-DMCA Too True Avleen Vig (Mar 30)
- Re: State Super-DMCA Too True Dan Hollis (Mar 30)
- Remembers, Non-Op Topics Have a Home (was Re: State Super-DMCA Too True) Nathan J. Mehl (Mar 31)
- Re: State Super-DMCA Too True Dave Howe (Mar 30)
- Re: State Super-DMCA Too True Dan Hollis (Mar 30)
- Re: State Super-DMCA Too True Jack Bates (Mar 30)
- Re: State Super-DMCA Too True Dan Hollis (Mar 30)
- Re: State Super-DMCA Too True Bruce Pinsky (Mar 30)
- Re: State Super-DMCA Too True Leo Bicknell (Mar 30)
- Re: State Super-DMCA Too True David Lesher (Mar 30)
- Re: State Super-DMCA Too True William Allen Simpson (Mar 30)
- Re: State Super-DMCA Too True Dan Hollis (Mar 30)
- Re: State Super-DMCA Too True Bruce Pinsky (Mar 30)
- Re: State Super-DMCA Too True Michael Airhart (Mar 30)
- Re: is this true or... ? Richard Irving (Mar 28)