Date: Sat, 6 Sep 1997 13:55:34 -0500 (CDT) From: Jim Bryant <jbryant@tfs.net> To: barry@Lustig.COM Cc: freebsd-hackers@freebsd.org, jamesbryant@sprintmail.com Subject: The back-door bill [was Re: Key escrow] Message-ID: <199709061855.NAA00511@argus.tfs.net> In-Reply-To: <199709061611.MAA19394@Lustig.COM> from Barry Lustig at "Sep 6, 97 12:11:55 pm"
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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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