Patriot II would outlaw encryption

lcs Mixmaster Remailer mix at
Mon Feb 10 07:20:26 PST 2003

> 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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