[Cryptography] Tempest and limits on receiving

[Tom Mitchell]

On Tue, Apr 4, 2017 at 2:42 PM, Bill Frantz <frantz at pwpconsult.com> wrote:

> On 4/4/17 at 12:34 PM, wilson at math.wisc.edu (Bob Wilson) wrote:
>
> There are quite a few receivers that say they do that, until you look at
>> the footnote saying that reception of certain frequencies is disabled,
>> because the disabled frequencies are used by some cell 'phones.
>>
>
> I think this "law" is a FCC regulation. It exists because some people
> strenuously objected to having recordings of their phone conversations
> publicized. Many of them were people whose names you might recognize. WEP
> was also a later response to this problem.


*"Regulations are law!"*  In the US, If the agency issuing the regulations
has been given that responsibility
by the legislation regulations are law.  Most laws establish an agency
chartered with the details of the
law including enforcement.   Regulations generally cite the authority but
overreach of authority happens.

https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

"If the House and Senate pass a resolution of disapproval and the President
signs it
(or if both houses override a presidential veto), the rule becomes void and
cannot
be republished by an agency in the same form without Congressional approval.
Since 1996, when this process started, Congress has disapproved only one
rule."


Most of the Affordable Care Act is regulation as mandated by the ACA law.
Most of the US environmental laws are EPA regulations.

The regulations allow your legislators to disavow any knowledge...."I never
voted for that" see my
voting record...

>From the EPA site.

"Congress passes the laws that govern the United States, but Congress has
also authorized EPA and other federal agencies to help put those laws into
effect by creating and enforcing regulations. Below, you'll find a basic
description of how laws and regulations are developed, what they are, and
where to find them, with an emphasis on environmental laws and regulations.
"


https://www.epa.gov/laws-regulations/basics-regulatory-process

http://www.heritage.org/crime-and-justice/report/criminal-law-and-the-administrative-state-the-problem-criminal-regulations
 <-- politics

So back to encryption... If an agency like the DHS or US Customs writes a
regulation that criminalizes
something or gives them a context to act... you can be subject to that law
(err. regulation).  i.e. unlock
your files or devices at the border as we are seeing.

Other nations have their own process but laws and rules change, often
quickly.


-- 
  T o m    M i t c h e l l
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