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Making Encryption A Special Circumstance

Posted by timothy on from the more-numerous-the-laws dept.

heby writes "According to an article at SecurityFocus, the U.S. Justice Department is apparently planning to criminalize encryption when used during the commission of a felony under federal law. If you think you have nothing to worry about, think again. Have you ever filed too many tax deductions? If you use e-file via a web page using SSL for filing your taxes, under this proposal this becomes an additional five-year felony."

3 of 45 comments (clear)

  1. Double dupe by waytoomuchcoffee · · Score: 2, Informative

    This is part of Patriot Act II. This specific section was already discussed in the story here. /. then posted a story about the ACLU analysis of the act, which also included mention of this, here.

  2. Re:Why? by jarran · · Score: 2, Informative
    What they really need to do is make it a crime to plan a felony face-to-face in a secluded location without government supervision

    Don't know about the US, but this is already a crime in the UK. Agreeing with another on a course of action which will result in the law being broken is called "Conspiracy", and the maximum punishment is equal to the maxiumum punishment of the crime the person agreed to commit.

  3. No, crimes via SSL may not be an offense. by cryptor3 · · Score: 2, Informative

    If you use e-file via a web page using SSL for filing your taxes, under this proposal this becomes an additional five-year felony."

    The article states that you must "knowingly and willfully [encrypt] any incriminating communication or information..." to commit a crime under this proposed law.

    I believe that you could argue that, if the SSL site does not give you a choice on how to proceed with the transaction, that it is the site which is forcing you to encrypt the transaction.

    Likewise, with ATMs, you are not electing to encrypt the transaction; the ATM provider is making you encrypt your transaction.

    Yes, I know that in the eyes of the law, machines do not commit crimes, people [operating them] do. But in this case, I believe that it is not the user that is willfully (and if you're stupid, knowingly) encrypting the communication, rather, it is the business or web site that is electing to perform the transaction encrypted.