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Re: Crypto moves forward: Commerce Dept panel and SAFE markup
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At 06:50 PM 4/26/97 -0400, [email protected] wrote:
>On Fri, 25 Apr 1997, Declan McCullagh wrote:
>
>> My lord, I'm agreeing with Jim Bell!
>>
>> Right now, no controls exit on domestic crypto, though strict export
>> controls are in place.
>>
>> The question is: Do we want to give up any domestic freedom in exchange
>> for a relaxation of export controls? (Congress is, after all, built on
>> compromises between warring factions.)
>>
>> My instinct is to say "No." Let the courts strike down ITAR, EAR, and its
>> progeny, while we keep our freedoms domestically.
>>
>> -Declan
>
>I emailed Rep Goodlatte, but didn't get a response about this issue. My
>main problem is that it becomes a felony to use encryption for anything
>that can be prosecuted if I take the legalese literally. So if I have a
>GSM cell phone in a car that is illegally parked, it seems that I would
>fall under the definition.
>
>I would mind it less if, 1. There had to be a conviction for the main
>crime. 2. The main crime must be a serious felony (i.e. something far
>worse than a single overdrawn check). 3. The penaly for using encryption
>in furtherance should be less than that for the main crime. 4. encryption
>had to play an intrinsic role in the main crime. 5. It must go beyond
>common, everyday uses of encryption.
It is kind of similar to the laws involving guns and crime. If they find a
gun anywhere near the crime scene they tack on bigger and better penalties.
(For example: they break down the door of someone who has some quantity of
illegal molecules on their property and find a gun in the search. Odds are
they will try and tack on the "gun used in commission of a crime" penalties.)
Anything that can become a threat to those in power will become eligible for
such additional penalties at some point.
"In the future it will be extra jail time for using fire and/or the wheel in
the commission of a crime. and the people to bring it to you? The TLAs!"
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