Patriot II would outlaw encryption
lcs Mixmaster Remailer
mix at anon.lcs.mit.edu
Mon Feb 10 07:20:26 PST 2003
> actually......no....it isn't my bust. it is yours.
> it says:
> "knowingly and willfully uses
> encryption technology to conceal any incriminating
> communication" relating to a federal crime that they're
> committing, or attempting to commit".
> Thus, after the fact.....I can send you an ecrypted email detailing my
> crime and I won't be "upping the ante" another five years.
Sure you will. The "ongoing conspiracy" (an agreement to commit
a felony) continues after various events. For example, if Ted
and Alice have an ongoing implicit understanding that they will
meet in the shed behind her house occasionally to tend the five
marijuana plants growing there, that is an ongoing conspiracy to
commit a federal felony. So if, a week after Ted's last visit,
Alice sends him an encrypted email saying "Come over and watch a
video, or whatever", the prosecutor can clearly use that (if he
can decrypt it) as 5 more years in prison, since it used
encryption technology and concealed an incriminating
communication (the crime being conspiracy) that they are
commiting (ongoing). The prosecutors can get Ted's passphrase by
granting him immunity (probably ONLY immunity from the
encryption enhancement penalty, or best case, from that and
conspiracy, still nailing him for the pot felony, or getting
Alice to roll over on him for the whole deal!!!!) and forcing
him to disclose it having eliminated his 5th amendment defenses.
Then they have Alice for the pot felony, conspiracy, and the 5
year encryption booster. Of course, they will simply hang all of
this draconian punishment over her head, her attorney will say
they can fight for $75,000 and 2 years, during which she is in
jail, or they can plead it out and become a felon with few
further rights of citizenship.
And if you "detail a crime" after the event in an encrypted
communication, you've essentially included another person in the
knowledge of a past crime in the expectation that such
disclosure will remain secret from law enforcement. That is
conspiracy to avoid prosecution and probably obstruction of
justice. Conspiracy and obstruction are crimes, you've just used
encryption in a federal felony, 5 year enhancement. Bye.
For arguments re: protections from forced disclosure of keys, see
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