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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."

6 of 45 comments (clear)

  1. Per the article by Catilina · · Score: 4, Interesting

    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.

    1. Re:Per the article by www.sorehands.com · · Score: 4, Insightful

      The government has been pushing through all these laws to strip us of our rights under the guise of "national security."

      You must be a criminal if you don't like having your phone tapped, being stripped search when entering buildings, having the police pull you over and search your car. What do you have to hide?

      --
      Fight Spammers!
  2. In other news.. by GiMP · · Score: 4, Funny

    In other news, private conversation has become a crime when used during the commision of a felony. Felonies commited with the aid of private conversations will carry an additional 5 years sentence.

  3. Big brother is watching... by n1ywb · · Score: 3, Interesting

    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
    1. Re:Big brother is watching... by e-gold · · Score: 4, Insightful

      The thing to keep in mind is the same thing all judges, lawyers, and politicians have ignored for the past three decades (much to this nation's detriment, IMO). "The enumeration in the constitution of certain rights shall not be construed to deny or disparage others, retained by the people." (That's the Ninth Amendment.)

      IOW, "No, the constitution doesn't directly mention things like privacy, encryption, etc. and no, it doesn't matter because we didn't have to list everything we can do." I wish more folks got this...
      JMR

      Speaking ONLY for Jim Ray (all others are usually disgusted with my views!)

      --
      Try e-gold - (contact me). I'm NOT e-
  4. Why? by jarran · · Score: 4, Insightful

    Another fine example of the proliferation of pointless laws. If something is a crime, why is it any more damaging to use cryptography in the process? If I rob a bank, I am not doing extra extra harm to the bank or the public if I use encryption to plan the robbery. There is no moral, financial or environmental harm done by using encryption - it is te actual crime which does this damage. There are already laws against and punishments set out for the crime Why stop with encryption? Why not make it a crime to use a telephone, letter, car, mobile phone etc to commit a crime?