Re: Anti-Electronic Racketeering Act of 1995 (fwd)

[Jason Burrell <jburrell@crl.com>]

On Wed, 12 Jul 1995, Brad Dolan wrote:

> ---------- Forwarded message ----------
> Date: Wed, 12 Jul 1995 15:28:25 -0400
> Subject: Anti-Electronic Racketeering Act of 1995
> 
> 
> 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."

en-code (inkoud) pres. part. en-cod-ing past and past part. en-cod-ed to put
into code

code (koud) 1. n. a collection of statutes, rules, etc. methodically arranged
|| an accepted way of signals, Morse code || a system in which arbitrary
values are given to letters, words, numbers or symbols to ensure secrecy or
brevity (cf. CIPHER) 2. v.t. pres. part. cod-ing past and past part. cod-ed
to put (a message) into code || (genetics) to particularize the genetic code
used in synthesizing [F.]

(Source: New Webster's Dictionary and Thesaurus of the English Language,
1993)

Assuming that this isn't contradicted by other parts of the legislation,
doesn't this outlaw distribution "to computer networks" software for
everything from compression to data structures to TCP/IP to ROT13 to PGP? 

The bad part is that they might "compromise" and, by the time its over 
with, it still outlaws non-GAK crypto. At least when its overly broad it 
has a better chance of getting laughed out of court.

The United States Government *is* this stupid. If you are unfortunate 
enough to live within U.S. borders, welcome to hell. *heavy sigh*

--
PGP public key available via finger.	      
GCS/AT d H- s-: g+ p2+ au+ !a w++ v++(--)>! C++++ UL+++>++++ P++ 
L++>+++ 3- E- N+++ K W--(---) M- V-- po--- Y++ t 5+++ j R+++ G 
tv+ b+>++ D B-- e- u*(**) h* f(+) r(-)@ n--->+++ x?