Date: Fri, 12 Sep 97 12:02:42 -0400 From: Barry Lustig <barry@Lustig.COM> To: jbryant@tfs.net Cc: freebsd-hackers@freebsd.org Subject: Re: The back-door bill [was Re: Key escrow] Message-ID: <199709121602.MAA03060@Lustig.COM> In-Reply-To: <199709061855.NAA00511@argus.tfs.net> References: <199709061855.NAA00511@argus.tfs.net>
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Jim, It looks like the text wasn't completely fabricated. As reported by the folks at CDG, the text that I posted was what the FBI was shopping around to different committee members. Before you sound off about "lame pukes" spreading false information, you might want to get *your* facts correct. This is just off of Reuters: http://www.yahoo.com/headlines/970912/tech/stories/encrypt_2.html Friday September 12 10:20 AM EDT US House Intel Panel Approves Encryption Limits WASHINGTON - The House Select Intelligence Committee on Thursday passed a substitute bill that if enacted would for the first time impose sweeping domestic restrictions on use of computer encoding technology. The committee voted in a closed session on the substitute to a bill authored by Rep. Bob Goodlatte, Republican of Virginia, that began as an effort to prevent domestic restrictions and relax export limits on encryption technology. But the legislation faces as uncertain future, as other committees have passed different versions of the bill. Less than two months ago, opponents of strict U.S. export controls on encryption announced that they had the support of a majority of the House for a bill to eliminate most restrictions. But since then, the Clinton administration stepped up its lobbying campaign, sending the heads of the FBI and the National Security Agency to Capitol Hill to brief lawmakers in classified hearings on the dangers posed by free export of encryption. Encryption, which can be included in everything from telephones to electronic mail software, uses mathematical formulas to scramble information and protect it from snoopers, hackers, or criminals. The technology is an increasingly critical means of securing electronic commerce and global communications on the Internet. On Tuesday, the House National Security Committee gutted the bill to relax export controls. An amendment to tighten export controls passed on a 45 to one vote, with more than a dozen backers of the original bill voting for the more- stringent restrictions. On Thursday, lawmakers offered further amendments in the Select Intelligence Committee and the Commerce Committee which would impose domestic controls on the use of encryption, currently unregulated with the United States. The amendments would require all encryption manufacturers to include a feature allowing the government to decode any message covertly. The proposals also would require network operators, Internet providers and phone companies to ensure that any encryption services they provide to customers can be cracked by law enforcement agencies. FBI director Louis Freeh has said such legislation is needed to allow law enforcement agencies to continue to tap conversations of criminals and terrorists as encryption spreads. But the high-tech industry countered that the technology to allow eavesdropping would increase the vulnerability and raise the cost of all electronic messages sent by law-abiding citizens and businesses, while criminals would disable the back doors. And Internet user groups and civil libertarians said such domestic restrictions are likely to lead to Orwellian infringements of citizen's right to privacy. Some argue the restriction are unconstitutional. Copyright, Reuters Ltd. All rights reserved On Sat, 6 Sep 1997, Jim Bryant wrote: > In reply: > [lots of completely fabricated text deleted] > > Of course accrding to the actual bill, the text the above is also a > complete fabrication. Nothing pisses me off more than lame pukes that > go spreading bogus paranoia about pending legislation by completly > fabricating what the legislation is about. > > At least they managed to get the title of the bill correct. > > For more information look up the entire bill text [S.909-IS] at: > > <http://thomas.loc.gov > > or use the link to thomas at > > <http://www.house.gov > > In the mean time, all of the section headers are directly pasted from > the bill below. > > --------------------------------------------------------------------- > > > > > S.909 > > Secure Public Networks Act (Introduced in the Senate) > > > S 909 IS > > 105th CONGRESS > > 1st Session > > S. 909 > > To encourage and facilitate the creation of secure public networks for > communication, commerce, education, medicine, and government. > > IN THE SENATE OF THE UNITED STATES > > June 16, 1997 > > Mr. MCCAIN (for himself, Mr. KERREY, and Mr. HOLLINGS) introduced the > following bill; which was read twice and referred to the Committee on > Commerce, Science, and Transportation > > > > A BILL > > To encourage and facilitate the creation of secure public networks for > communication, commerce, education, medicine, and government. > > Be it enacted by the Senate and House of Representatives of the United > States of America in Congress assembled, > > SEC. 1. SHORT TITLE. > > This Act may be cited as the `Secure Public Networks Act' . > > SEC. 2. DECLARATION OF POLICY. > > It is the policy of the United States to encourage and facilitate the > creation of secure public networks for communication, commerce, education, > research, medicine and government. > > TITLE I--DOMESTIC USES OF ENCRYPTION > > SEC. 101. LAWFUL USE OF ENCRYPTION. > > Except as otherwise provided by this Act or otherwise provided by law, it > shall be lawful for any person within any State to use any encryption, > regardless of encryption algorithm selected, encryption key length chosen, > or implementation technique or medium used. > > SEC. 102. PROHIBITION ON MANDATORY THIRD PARTY ESCROW OF KEYS USED FOR > ENCRYPTION OF CERTAIN COMMUNICATIONS. > > Neither the Federal Government nor a State may require the escrow of an > encryption key with a third party in the case of an encryption key used > solely to encrypt communications between private persons within the United > States. > > SEC. 103. VOLUNTARY PRIVATE SECTOR PARTICIPATION IN KEY MANAGEMENT > STRUCTURE. > > The participation of the private persons in the key management > infrastructure enabled by this Act is voluntary. > > SEC. 104. UNLAWFUL USE OF ENCRYPTION. > > Whoever knowingly encrypts data or communications in furtherance of the > commission of a criminal offense for which the person may be prosecuted in > a court of competent jurisdiction and may be sentenced to a term of > imprisonment of more than one year shall, in addition to any penalties for > the underlying criminal offense, be fined under title 18, United States > Code, or imprisoned not more than five years, or both, for a first > conviction or fined under title 18, United States Code, or imprisoned not > more than ten years, or both, for a second or subsequent conviction. The > mere use of encryption shall not constitute probable cause to believe that > a crime is being or has been committed. > > SEC. 105. PRIVACY PROTECTION. > > (a) IN GENERAL- It shall be unlawful for any person to intentionally-- > > (1) obtain or use recovery information without lawful authority for the > purpose of decrypting data or communications; > > (2) exceed lawful authority in decrypting data or communications; > > (3) break the encryption code of another person without lawful authority > for the purpose of violating the privacy, security or property rights of > that person; > > (4) intercept on a public communications network without lawful authority > the intellectual property of another person for the purpose of violating > the intellectual property rights of that person; > > (5) impersonate another person for the purpose of obtaining recovery > information of that person without lawful authority; > > (6) issue a key to another person in furtherance of a crime; > > (7) disclose recovery information in violation of a provision of this Act > ; or > > jim > -- > All opinions expressed are mine, if you | "I will not be pushed, stamped, > think otherwise, then go jump into turbid | briefed, debriefed, indexed, > or radioactive waters and yell WAHOO !!! | numbered!" - #1, "The Prisoner" > ------------------------------------------------------------------------------ > Inet: jbryant@tfs.net AX.25: kc5vdj@wv0t.#neks.ks.usa.noam grid: EM28PW > voice: KC5VDJ - 6 & 2 Meters AM/FM/SSB, 70cm FM. > <http://www.tfs.net/~jbryant > ------------------------------------------------------------------------------ > HF/6M/2M: IC-706-MkII, 2M: HTX-212, 2M: HTX-202, 70cm: HTX-404, Packet: > KPC-3+
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