Run a remailer, go to jail?

[Steven M. Bellovin]

In message <Pine.WNT.4.51.0303281648430.2356 at office.elistx.com>, James M Galvin
 writes:
>No way.  The phrase "flatly ban" is overstating the words in the actual
>bills.
>
>They both require that the use of such technologies be for the purpose
>of committing a crime.  Law enforcement would still have to show intent,
>which is as it should be.
>
...


>Maybe states are colluding to outlaw encryption?  Now that would be
>creative on the part of whoever started this bill process.
>

The question is more complicated than that.  The full text of the Texas 
bill is at http://www.capitol.state.tx.us/data/docmodel/78r/billtext/pdf/HB02121I.PDF
(I haven't found the Mass. version).  It is far from clear to me that 
intent to commit a crime is needed.

Section 2 of the billl, which does contain the phrase "with the intent to
harm or defraud a communication service", bars theft of service.  (I'm 
speaking loosely here; read it for yourself.)

Section 3 and 4 also contain that phrase; they bar possession of devices
for defrauding providers.  (The language is rather broad, and seems to 
bar possession even a computer or modem if you have evil intent.)

The ban on concealing origin or destination is in Sections 5 and 6.
That section does *not* have the "intent to harm" phrase.  Given that 
the bill is amending three consecutive sections of the state penal code 
(31.12, 31.13, and 31.14), and given that the first two sections have 
that language but the third doesn't, it's hard for me to see that evil 
intent is required by the proposed statute.

But it's worse than that:  the bill bars concealment of "existence or 
place of origin or destination of any communication" from "any lawful 
authority".  In other words, it would appear to outlaw many forms of 
cryptography or steganography.

What's unclear to me is who is behind this.  Felten thinks it's content 
providers trying for state-level DMCA; I think it's broadband ISPs who 
are afraid of 802.11 hotspots. 


		--Steve Bellovin, http://www.research.att.com/~smb (me)
		http://www.wilyhacker.com (2nd edition of "Firewalls" book)



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