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USA Patriot II covers not only encryption, but authentication too







----- Forwarded message from William Allen Simpson <wsimpson@greendragon.com> -----

From: William Allen Simpson <wsimpson@greendragon.com>
Subject: PATRIOT2 affects individuals, citizens & authentication
Cc: politech@politechbot.com
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

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