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

From: Declan McCullagh (declanat_private)
Date: Fri Feb 07 2003 - 18:53:58 PST

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    Thanks to Joe for being the first one to submit this... Here's a duplicate 
    URL if the original is too slow:
    http://www.privacy.org/patriot2draft.pdf
    
    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 politechbot.com archives:
    http://www.inet-one.com/cypherpunks/dir.98.05.11-98.05.17/msg00046.html
    
    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.
    
    -Declan
    
    ---
    
    Date: Fri, 7 Feb 2003 14:10:51 -0800 (PST)
    From: Joseph Lorenzo Hall <jhallat_private>
    To: Declan McCullagh <declanat_private>
    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 http://www.public-i.org
    
    M. Asif Ismail
    Production Editor
    Center for Public Integrity
    http://www.publicintegrity.org
    (202) 466-1300, ext: 124
    
    
    
    
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