RE: State Super-DMCA Too True

["McBurnett, Jim" <jmcburnett () msmgmt com>]

Well, if it is that big.. no IPSEC.. then I suspect Cisco, Checkpoint, and others
to stand up ASAP..
This is no right.... As I see it a growing percentage of companies are
moving to IPSEC VPNs and leaving dedicated ckts behind..
I can't believe that legislators would be so un-informed, and Cisco/the industry 
would be so out of touch..

J

> -----Original Message-----
> From: William Allen Simpson [mailto:wsimpson () greendragon com]
> Sent: Sunday, March 30, 2003 9:39 AM
> To: nanog () merit edu
> Subject: Re: State Super-DMCA Too True
>
>
>
> Jack Bates wrote:
> > William Allen Simpson wrote:
> > > It outlaws all encryption, and all remailers.
> >
> > I'm missing where it outlaws these? In fact, it outlaws 
> others (say your
> > ISP) from decryping your encrypted data.
> That is not correct. 
>
> I'm very sensitive to these issues.  As those of you that have been 
> around for awhile may recall, I was investigated by the FBI 
> for "treason" 
> merely for *WRITING* the specification for PPP CHAP and 
> discussing it at 
> the IETF (under Bush I).  I don't expect it to be different 
> for Bush II. 
>
> As Larry Blunk points out, to "possess" an encryption device 
> is a felony!
>
> Jack, you need to actually look at the text of the Act: 
>
>     (1) A person shall not assemble, develop, manufacture, possess,
>     deliver, offer to deliver, or advertise an unlawful
>     telecommunications access device or assemble, develop, 
> manufacture,
>     possess, deliver, offer to deliver, or advertise a
>     telecommunications device intending to use those devices 
> or to allow
>     the devices to be used to do any of the following or knowing or
>     having reason to know that the devices are intended to be 
> used to do
>     any of the following:
>
>     (a) ... 
>
>     (b) Conceal the existence or place of origin or destination of any
>     telecommunications service.
>
> [no encryption, no steganography, no remailers, no NAT, no tunnels]
> [no Kerberos, no SSH, no IPSec, no SMTPTLS]
>
>     (c) To receive, disrupt, decrypt, transmit, retransmit, acquire,
>     intercept, or facilitate the receipt, disruption, decryption,
>     transmission, retransmission, acquisition, or interception of any
>     telecommunications service without the express authority or actual
>     consent of the telecommunications service provider.
>
> [no NAT, no wireless, no sniffers, no redirects, no war driving, ...]
>
>     (2) A person shall not modify, alter, program, or reprogram a
>     telecommunications access device for the purposes described in
>     subsection (1).
>
> [no research, no mod'ing]
>
>     (3) A person shall not deliver, offer to deliver, or advertise
>     plans, written instructions, or materials for ...
>
> [no technical papers detailed enough to matter]
>
>     (4) A person who violates subsection (1), (2), or (3) is 
> guilty of a
>     felony punishable by imprisonment for not more than 4 years or a
>     fine of not more than $2,000.00, or both. All fines shall 
> be imposed
>     for each unlawful telecommunications access device or
>     telecommunications access device involved in the offense. Each
>     unlawful telecommunications access device or telecommunications
>     access device is considered a separate violation.
>
> [big penalties]
>
>
>     (a) "Telecommunications" and "telecommunications service" mean any
>     service lawfully provided for a charge or compensation to 
> facilitate
>     the origination, transmission, retransmission, emission, or
>     reception of signs, data, images, signals, writings, sounds, or
>     other intelligence or equivalence of intelligence of any 
> nature over
>     any telecommunications system by any method, including, but not
>     limited to, electronic, electromagnetic, magnetic, optical,
>     photo-optical, digital, or analog technologies.
>
> [everything from a DVD, to the network, to the monitor, to t-shirts]
>
> -- 
> William Allen Simpson
>     Key fingerprint =  17 40 5E 67 15 6F 31 26  DD 0D B9 9B 
> 6A 15 2C 32