----- Forwarded message from William Allen Simpson <wsimpsonat_private> ----- From: William Allen Simpson <wsimpsonat_private> Subject: PATRIOT2 affects individuals, citizens & authentication Cc: politechat_private Date: Sun, 09 Feb 2003 12:08:09 -0500 Reading the HTML version: http://www.dailyrotten.com/source-docs/patriot2draft.html ... investigations of "lone wolf" terrorists or "sleeper cells" may not be authorized under FISA. ... This provision would expand FISA's definition of "foreign power" to include all persons, regardless of whether they are affiliated with an international terrorist group.... ... Requiring the additional showing that the intelligence gathering violates the laws of the United States is both unnecessary and counterproductive, as such activities threaten the national security regardless of whether they are illegal. ... However, there does not appear to be a statutory defense for agents who engage in surveillance or searches pursuant to FISA authorities under which no prior court approval is required ... This provision would clarify that the "good faith reliance" defense is available, not just when agents are acting pursuant to a FISA Court order, but also when they are acting pursuant to a lawful authorization from the President or the Attorney General. ... Another context in which different types of "foreign powers" are treated differently is the FISA definition of "United States person." United States persons have a more protected status under FISA for certain purposes, such as dissemination of information. ... The amendments in this section will facilitate the investigation of threats to the national security posed by such groups by reassigning them to the less protected status now accorded to foreign powers.... ... 13."(b) The terms 'encrypt' and 'encryption' refer to the 14.scrambling (and descrambling) of wire communications, electronic 15.communications, or electronically stored information, using 16.mathematical formulas or algorithms in order to preserve the 17.confidentiality, integrity, or authenticity of, and prevent unauthorized 18.recipients from accessing or altering, such communications or 19.information." Even "integrity" and "authenticity" would be subject to investigation for "Unlawful use of encryption". We often write scenarios where a monkey in the middle (MITM) tampers with communications. Our "national security" apparatus prefers that it be able to alter our communications and impersonate those under investigation. Remember, I was investigated for treason by the FBI for merely writing the specification for PPP CHAP, an authentication protocol. -- William Allen Simpson Key fingerprint = 17 40 5E 67 15 6F 31 26 DD 0D B9 9B 6A 15 2C 32 --------------------------------------------------------------------- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? Make a donation here: http://www.politechbot.com/donate/ Recent CNET News.com articles: http://news.search.com/search?q=declan -------------------------------------------------------------------------
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