John Smith wrote:
Kelly:

There has been no challenge of data encryption on amateur bands "by
american citizens" that I am aware of...

It is quite obvious that data encryption on the internet is both legal and
in heavy use. How you can allow one medium and prosecute the same
activity on another is insane (the law was constructed for amateur radio
before they knew the internet would be developed, and it impossible to
stop.)

Typical freebanders mindset.

Indeed, I can place a digital voice encryption device on my phone
and a friends and hold private conversations (corporations used to do
this all the time--BEFORE the internet--now they use the internet), I can
also do it on a cell phone (as far as I have been able to determine it is
not a "crime.")

I am NOT a lawyer, but common sense says that "crime" would be hard to
prosecute to get a conviction... also, I'd say there are major
constitutional grounds the gov't would have to defeat to convict. I think
stand alone encryption is NOT a crime... treason, etc is...

Fine "John": Toss some encrypted traffic into the ham bands and get to
meet Riley the lawyer who will explain it all to you in excruciating
detail as he slaps you with an NAL and cancels yer ticket. Not that you
have a ham license of course.


Me, I have ignored and encrypted in the past, I continue to do so, but
only if it makes sense. Encryption does nothing to speed transmission, it
only places an increased burden on it. However, a data compaction
algorithm can be choose which naturally encrypts as a secondary effect to
compaction, however, not even close to PGP, etc encryption methods.
Someday there may come a court case to test if this is a "crime" which can
be successfully prosecuted... I feel I have a right to private
conversations, no matter what the medium is the communication takes place
on. But then, I believe in inalienable rights... one day a repressive,
evil gov't may be able to deprive me of those rights... not today...

This is simply a matter for each and every individual to decide for
themselves, they can act as they so choose...

Anarchy and black helicopters. Got it. 10-4 on that Good Buddy?


John

w3rv