[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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