PATRIOT2 affects individuals, citizens & authentication
William Allen Simpson
wsimpson at greendragon.com
Sun Feb 9 12:08:09 EST 2003
Reading the HTML version:
... 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
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
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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