Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-10 Thread Bill Stewart
At 02:13 PM 02/09/2003 -0500, Declan McCullagh wrote:

On Sat, Feb 08, 2003 at 10:36:35PM -0500, Greg Newby wrote:
> "Under the new law, running shoes will be classified
> as burgler's tools if their use is not authorized or
> exceeds reasonable levels for leisure activity."

I always thought that breathing during the commission of a crime should
result in an extra five to ten years in prison.


And breathing _heavily_ gets you even more




Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Tyler Durden
"I always thought that breathing during the commission of a crime should
result in an extra five to ten years in prison."

Or, failure to inform authorities of your specific plans to commit a crime 
should result in an additional 5 to 10.

-TD






From: Declan McCullagh <[EMAIL PROTECTED]>
To: Greg Newby <[EMAIL PROTECTED]>
CC: [EMAIL PROTECTED]
Subject: Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime  penalty
Date: Sun, 9 Feb 2003 14:13:24 -0500

On Sat, Feb 08, 2003 at 10:36:35PM -0500, Greg Newby wrote:
> "Under the new law, running shoes will be classified
> as burgler's tools if their use is not authorized or
> exceeds reasonable levels for leisure activity."

I always thought that breathing during the commission of a crime should
result in an extra five to ten years in prison.

At least.

-Declan



_
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Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Declan McCullagh
On Sat, Feb 08, 2003 at 10:36:35PM -0500, Greg Newby wrote:
> "Under the new law, running shoes will be classified
> as burgler's tools if their use is not authorized or
> exceeds reasonable levels for leisure activity."

I always thought that breathing during the commission of a crime should
result in an extra five to ten years in prison.

At least.

-Declan




Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Peter Fairbrother
Declan McCullagh wrote:

> 
> 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.


"Any person who, during the commission of a felony under federal law.
knowingly and willfully encrypts any incriminating communication or
information relating to that felony - [gets 5 years 1st time, 10 the second,
+fines]".

Felons, be sure and use good crypto, with ephemeral keys!! And whatever you
do, don't give keys in the cells!

Really, makes you wonder what they're on. Prisoner's Dilemma steroids, I
suppose.


-- 
Peter Fairbrother

ps would it include using a GSM mobile in a bank robbery?




RE: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Lucky Green
Declan wrote:
> 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/msg0
0046.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?

According to my reading of the text, the enhanced penalties only come
into effect if the person happens to know that encryption is being used
in the communication medium. In other words, the enhanced penalties only
apply if the person is a past or present reader of the Cypherpunks or
similar mailing lists.

--Lucky Green




Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Peter Fairbrother
"The Act proposes that a federal felony should be created of willfully using
running in the commission of a felony. "No more than five years" in prison
plus a hefty fine.

"Criminals use running in their attempts to get away with their crimes. It's
harder for overworked (and especially overweight) Policemen to catch them if
they run.

"Criminals also use running as part of their criminal technique, so the Act
introduces the misdemeanour of running without lawful reason. A list of
lawful reasons for running is in Appendix C.

"Law enforcement agents will abviously need powers to stop and detain people
who are running, in order to determine whether they have a lawful reason for
doing so. These powers are introduced in the Act.

"There are accepted innocent uses for jogging, and running on licenced
athletics tracks, and this legislation will in no way impinge on citizens
who run in competitions or jog for fitness.


"Oh, and another felony of using masks or beards in the commission of a
felony. They makes it harder to prosecute criminals. Hats too, in fact the
Police need powers to stop people and search them for hats.

"Oops, I forgot, that's already tabled elsewhere."


-- 
Peter Fairbrother




Re: DOJ quietly drafts USA Patriot II w/crypto-in-a-crime penalty

2003-02-09 Thread Greg Newby
"Under the new law, running shoes will be classified
as burgler's tools if their use is not authorized or
exceeds reasonable levels for leisure activity."

On Sun, Feb 09, 2003 at 03:28:04AM +, Peter Fairbrother wrote:
> 
> "The Act proposes that a federal felony should be created of willfully using
> running in the commission of a felony. "No more than five years" in prison
> plus a hefty fine.
> 
> "Criminals use running in their attempts to get away with their crimes. It's
> harder for overworked (and especially overweight) Policemen to catch them if
> they run.
> 
> "Criminals also use running as part of their criminal technique, so the Act
> introduces the misdemeanour of running without lawful reason. A list of
> lawful reasons for running is in Appendix C.
> 
> "Law enforcement agents will abviously need powers to stop and detain people
> who are running, in order to determine whether they have a lawful reason for
> doing so. These powers are introduced in the Act.
> 
> "There are accepted innocent uses for jogging, and running on licenced
> athletics tracks, and this legislation will in no way impinge on citizens
> who run in competitions or jog for fitness.
> 
> 
> "Oh, and another felony of using masks or beards in the commission of a
> felony. They makes it harder to prosecute criminals. Hats too, in fact the
> Police need powers to stop people and search them for hats.
> 
> "Oops, I forgot, that's already tabled elsewhere."
> 
> 
> -- 
> Peter Fairbrother