[57179] in North American Network Operators' Group
Re: State Super-DMCA Too True
daemon@ATHENA.MIT.EDU (William Allen Simpson)
Sun Mar 30 19:37:05 2003
Date: Sun, 30 Mar 2003 09:39:26 -0500
From: William Allen Simpson <wsimpson@greendragon.com>
To: nanog@merit.edu
Errors-To: owner-nanog-outgoing@merit.edu
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 you=
r
> 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) =93Telecommunications=94 and =93telecommunications service=94 mea=
n 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 =3D 17 40 5E 67 15 6F 31 26 DD 0D B9 9B 6A 15 2C 32=
