Förderverein Informationstechnik und Gesellschaft

FC: DOJ quietly drafts USA Patriot II, includes anti-crypto section

------- Forwarded message follows ------- Date sent: Fri, 07 Feb 2003 21:53:58 -0500 To: From: Declan McCullagh <> Subject: FC: DOJ quietly drafts USA Patriot II, includes anti-crypto section Send reply to:

Thanks to Joe for being the first one to submit this... Here's a duplicate URL if the original is too slow:

Note the draft legislation creates a new federal felony of willfully using encryption in the commission of a felony. "No more than five years" in prison plus a hefty fine. This seems at first glance to be remarkably similar to what was in the SAFE bill years ago. Here's a Politech message from 1998, before the archives:

Question: When encryption is omnipresent in everything from wireless networks to hard drives to SSH clients, might the basic effect of such a law be to boost potential maximum prison terms by five years?

Second question: Peer-to-peer piracy is arguably a federal felony under the NET Act. If a future peer-to-peer network uses encryption (as it should), does that mean that copyright-infringing users would be guilty of a double felony?

That's just one section of a 120-page bill. The rest is worth reading.



Date: Fri, 7 Feb 2003 14:10:51 -0800 (PST) From: Joseph Lorenzo Hall <jhall@astron.Berkeley.EDU> To: Declan McCullagh <> Subject: Justice Department Drafts Sweeping Expansion of Anti-Terrorism Act (fwd)

did you see this? Joe

---------- Forwarded message ----------

New on The Public i: Justice Department Drafts Sweeping Expansion of Anti-Terrorism Act Center Publishes Secret Draft of 'Patriot II' Legislation

The Bush Administration is preparing a bold, comprehensive sequel to the USA Patriot Act that will give the government broad, sweeping new powers to increase domestic intelligence-gathering, surveillance and law enforcement prerogatives, and simultaneously decrease judicial review and public access to information. The Center for Public Integrity has obtained a draft, dated January 9, 2003, of this previously undisclosed legislation and is making it available in full text. The bill, drafted by the staff of Attorney General John Ashcroft and entitled the Domestic Security Enhancement Act of 2003, has not been officially released by the Department of Justice, although rumors of its development have circulated around the Capitol.

To read the full report and documents, visit

M. Asif Ismail Production Editor Center for Public Integrity (202) 466-1300, ext: 124

---------------------------------------------------------------------- --- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: This message is archived at Declan McCullagh's photographs are at ---------------------------------------------------------------------- --- Like Politech? Make a donation here: Recent CNET articles: ---------------------------------------------------------------------- ---

------- End of forwarded message -------