Slashdot Mirror
Making Encryption A Special Circumstance
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."
Per the article: "This new proposal, unrelated to terrorism, is merely a tool to enhance penalties for ordinary crimes, and should be rejected."
One can only assume this legislative proposal will indeed not be implemented in its current form, given the obvious pitfalls, examples of which can be found in the article. Nevertheless, it seems like a step back to the pre-2000 way of thinking, that considered encryption to be a form of ammunition.
Now, if that was felony-related material, come and get me.... This is getting ridiculous. Granted, more logical minds may prevail and this won't happen....but who knows? Will encrypted lies to your girlfriend or wife become punishable? How about encrypted websites where you give a false email address to avoid the spam?
...we are from the government - we are here to help...
1984 wasn't like 1984 but maybe 2004 will be.
Isn't there something in the constitution about cruel and unusual punishment, and right to a fair trial? What about double jeopardy? This sounds like a federally endorsed manditory minimum sentence for using encryption in the comitting of a felony. Department of Justice indeed, more like department of INJUSTICE. Aren't those assholes supposed to ENFORCE the law, not CREATE IT? What the hell did I learn in school about the three branches of federal government?
What if you're using a digital CELL phone to help with your crime, or a digital cordless phone? The average person probably doesn't even understand that their conversation is being encrypted.
I've half a mind to start encrypting everything I do on principle. Use your rights or lose your rights.
-73, de n1ywb
www.n1ywb.com
However, now discussing the crime via encryption may become an additional sentence over the crime of conspiracy.
The point is that what is the difference between using encryption to secure communications and speaking to that person in private? There is no difference and the government should treat those situations respectfully, without difference.