[57180] in North American Network Operators' Group
RE: State Super-DMCA Too True
daemon@ATHENA.MIT.EDU (McBurnett, Jim)
Sun Mar 30 19:45:02 2003
Date: Sun, 30 Mar 2003 19:43:49 -0500
From: "McBurnett, Jim" <jmcburnett@msmgmt.com>
To: "William Allen Simpson" <wsimpson@greendragon.com>,
<nanog@merit.edu>
Errors-To: owner-nanog-outgoing@merit.edu
Well, if it is that big.. no IPSEC.. then I suspect Cisco, Checkpoint, =
and others
to stand up ASAP..
This is no right.... As I see it a growing percentage of companies are
moving to IPSEC VPNs and leaving dedicated ckts behind..
I can't believe that legislators would be so un-informed, and Cisco/the =
industry=20
would be so out of touch..
J
> -----Original Message-----
> From: William Allen Simpson [mailto:wsimpson@greendragon.com]
> Sent: Sunday, March 30, 2003 9:39 AM
> To: nanog@merit.edu
> Subject: Re: State Super-DMCA Too True
>=20
>=20
>=20
> Jack Bates wrote:
> >=20
> > William Allen Simpson wrote:
> > > It outlaws all encryption, and all remailers.
> >=20
> > I'm missing where it outlaws these? In fact, it outlaws=20
> others (say your
> > ISP) from decryping your encrypted data.
> >=20
> That is not correct.=20
>=20
> I'm very sensitive to these issues. As those of you that have been=20
> around for awhile may recall, I was investigated by the FBI=20
> for "treason"=20
> merely for *WRITING* the specification for PPP CHAP and=20
> discussing it at=20
> the IETF (under Bush I). I don't expect it to be different=20
> for Bush II.=20
>=20
> As Larry Blunk points out, to "possess" an encryption device=20
> is a felony!
>=20
> Jack, you need to actually look at the text of the Act:=20
>=20
> (1) A person shall not assemble, develop, manufacture, possess,
> deliver, offer to deliver, or advertise an unlawful
> telecommunications access device or assemble, develop,=20
> manufacture,
> possess, deliver, offer to deliver, or advertise a
> telecommunications device intending to use those devices=20
> 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=20
> used to do
> any of the following:
>=20
> (a) ...=20
>=20
> (b) Conceal the existence or place of origin or destination of any
> telecommunications service.
>=20
> [no encryption, no steganography, no remailers, no NAT, no tunnels]
> [no Kerberos, no SSH, no IPSec, no SMTPTLS]
>=20
> (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.
>=20
> [no NAT, no wireless, no sniffers, no redirects, no war driving, ...]
>=20
> (2) A person shall not modify, alter, program, or reprogram a
> telecommunications access device for the purposes described in
> subsection (1).
>=20
> [no research, no mod'ing]
>=20
> (3) A person shall not deliver, offer to deliver, or advertise
> plans, written instructions, or materials for ...
>=20
> [no technical papers detailed enough to matter]
>=20
> (4) A person who violates subsection (1), (2), or (3) is=20
> 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=20
> 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.
>=20
> [big penalties]
>=20
>=20
> (a) "Telecommunications" and "telecommunications service" mean any
> service lawfully provided for a charge or compensation to=20
> facilitate
> the origination, transmission, retransmission, emission, or
> reception of signs, data, images, signals, writings, sounds, or
> other intelligence or equivalence of intelligence of any=20
> nature over
> any telecommunications system by any method, including, but not
> limited to, electronic, electromagnetic, magnetic, optical,
> photo-optical, digital, or analog technologies.
>=20
> [everything from a DVD, to the network, to the monitor, to t-shirts]
>=20
> --=20
> William Allen Simpson
> Key fingerprint =3D 17 40 5E 67 15 6F 31 26 DD 0D B9 9B=20
> 6A 15 2C 32
>=20
