[Cryptography] Tempest Laws of Canada, England and the United States
John Young
jya at pipeline.com
Wed Apr 5 04:06:20 EDT 2017
From 1990:
Eavesdropping On the Electromagnetic Emanations of Digital Equipment:
The Laws of Canada, England and the United States, by Christopher J. Seline
https://cryptome.org/tempest-law.htm
Quotes:
"The use of TEMPEST is not illegal under the laws of the United
States, or England. Canada has specific laws criminalizing TEMPEST
eavesdropping but the laws do more to hinder surveillance
countermeasures than to prevent TEMPEST surveillance. In the United
States it is illegal for an individual to take effective
countermeasures against TEMPEST surveillance. This leads to the
conundrum that it is legal for individuals and the government to
invade the privacy of others but illegal for individuals to take
steps to protect their privacy."
...
"Title III makes possession of a surveillance device a crime, unless
it is produced under contract to the government. This means that
research into surveillance and counter-surveillance equipment is
monopolized by the government and a few companies working under
contract with NACSIM 5100A is classified, as are all details of
TEMPEST. To obtain access to it, contractor must prove that there is
demand within the government for the specific type of equipment that
intend to certify. Since the standard is classified, the contractors
can not sell the equipment to non-secure governmental agencies or the
public. This prevents reverse engineering of the standard for its
physical embodiment, the Certified equipment. By preventing the
private sector from owning this anti-eavesdropping equipment, the NSA
has effectively prevented the them from protecting the information in
their computers."
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