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Date:      Sat, 06 Sep 1997 23:58:22 -0700 (PDT)
From:      Simon Shapiro <Shimon@i-Connect.Net>
To:        jbryant@tfs.net
Cc:        jamesbryant@sprintmail.com, freebsd-hackers@FreeBSD.ORG, barry@Lustig.COM
Subject:   RE: The back-door bill [was Re: Key escrow]
Message-ID:  <XFMail.970906235822.Shimon@i-Connect.Net>
In-Reply-To: <199709061855.NAA00511@argus.tfs.net>

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``Bogus Paranoia'' Aside, what you did quote does scare me.
Ignore the ``purpose'' sentences ``...To ....'' - they mean nothing.

Read what authority the government assumes for itself, and what you will not
be able to do no more.  You being a person or otherwise.  ``Private'' or
otherwise.

Simon

Hi Jim Bryant;  On 06-Sep-97 you 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+

---


Sincerely Yours,                               (Sent on 06-Sep-97, 23:52:06
by XF-Mail)

Simon Shapiro                                                Atlas Telecom
Senior Architect         14355 SW Allen Blvd., Suite 130 Beaverton OR 97005
Shimon@i-Connect.Net          Voice:  503.643.5559, Emergency: 503.799.2313



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