the sound of another shoe dropping...

[Matt Blaze <mab@research.att.com>]

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>From farber@eff.org  Wed Jul 12 16:41:13 1995
Posted-Date: Wed, 12 Jul 1995 15:28:18 -0400
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Date: Wed, 12 Jul 1995 15:28:25 -0400
From: farber@central.cis.upenn.edu (David Farber)
Subject: Anti-Electronic Racketeering Act of 1995
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Date: Wed, 12 Jul 1995 14:00:23 -0400
From: ssteele@eff.org (Shari Steele)

Heavy sigh.
On June 27, Sen. Grassley introduced extensive criminal amendments to the
federal racketeering act.  S. 974, the "Anti-Electronic Racketeering Act of
1995," would amend U.S. Code sections 18 USC 1961 (criminal RICO statute),
18 USC 1030A (new section on computer crime), 18 USC 2515, 2516
(wiretapping), and 42 USC 2000aa (Privacy Protection Act).

This proposed legislation is Very Bad. It would make all encryption
software posted to computer networks that are accessible to foreigners
illegal *regardless of whether the NSA has classified the software as a
munition!!!*  Here's the language:

 "Sec. 1030A.  Racketeering-related crimes involving computers
   "(a) It shall be unlawful--

. . .

      "(2) to distribute computer software that encodes or encrypts
    electronic or digital communications to computer networks that the
    person distributing knows, or reasonably should know, is accessible to
    foreign nationals and foreign governments, regardless of whether such
    software has been designated nonexportable."

I'm up to my ears in analyses that need to be written, but I'll send around
something more complete when I'm able to pull it together.
Shari




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