From: wcs@cbnewsh.cb.att.com (Bill Stewart 908-949-0705 erebus.att.com!wcs)
Subject: Re: [comp.org.eff.talk] Latest FBI Wiretap Bill
Organization: Mary Ellen Carter Salvage Crew
Date: Tue, 8 Sep 1992 00:58:40 GMT
Keywords: Hiding Encrypted Material, Legality of Encryption

In article <Bu1yIL.5y3@mtholyoke.edu> jbotz@mtholyoke.edu (Jurgen Botz) writes:
]In article <Bu0Iu2.92G@apollo.hp.com> nelson_p@apollo.hp.com (Peter Nelson) writes:
]>In article <1992Sep3.155535.471@tvnews.tv.tek.com> stever@crosstalk.tv.tek.com (Steven E. Rice  P.E.) writes:
]>>In article <Btyz8z.K3K@apollo.hp.com>, Peter Nelson (nelson_p@apollo.hp.com)
]>>asked how it was possible for the government to tell if communciations had
]>>been encrypted.
	[ disguising secret text as boring plaintext mentioned ]
]>>Don't be fooled!  THESE PEOPLE AREN'T AMATEURS!!!  Methods such as
]>>you describe were used by spies in World War II, and the "secret"
	
Obviously you can't use these methods as your only encryption technique.
But you *can* effectively use them in conjunction with real encryption.
For example, Peter Wayner's papers on mimic functions describe how to
take random bits and reversably produce mimic-text with arbitrary statistics, 
so you run your secret data through your favorite encryption program, and send
	Mimic[Encrypt[Secret]]
These methods are actually MORE likely to be useful today, not only because 
encryption is much better, but also because the process of watching
for suspicious stuff is more likely to be automated, and computers are
maore likely to fall for text with good statistics that the
traditional World War II mail censors, who might be puzzled by a letter saying
	Pigs are green.  Pigs are not green.  Some pigs are green today.
	Send four orange pigs to Novisibirsk for Uncle Charlie.

]>>There are foolproof encodings for data, but the statistics of the
]>>messages will clearly reveal that they are encoded.  The very next thing
]>>you'll hear is the KNOCK, KNOCK, KNOCK of the FBI on your  door.  You
]>>will then have a chance to explain just why you are encoding your
]>>communications.  The judge may not be very sympathetic.
]>  First they have to show that it IS encoded.
]Not necessarily.  You are based in the U.S.A.  You are experimenting with
]cryptographic technology.  Are you sending encryted messages to destinations
]outside of the USA?  If so, be warned that the NSA _will_ catch you at it. [ ... ]
]However, in the USA it is _illegal_ to send encrypted messages to destinations
]outside the USA, and a violation may fall into the hazy area of "National
]Security" where the Constitution appears to be little more than a piece

It is NOT illegal to send encrypted messages overseas [yet], only encryption
"equipment", including software and hardware (they're "munitions"),
but not including algorithms (e.g. the DES Algorithm was published in
the Federal Register.)   The FBI keeps proposing to make it illegal
for communication companies to encrypt or use other hard-to-tap equipment,
or proposing to make you turn over your keys, or whatever, but they
haven't done it yet.  (OK, my keys are on this Exabyte tape here ...)
On the other hand, patent and copyright laws DO apply, 
so it's not legal to use RSA in the USA without a license from them, 
but I'm not sure if the FBI knocks on your door for that or if RSA's got to
hire a process server and haul you into court that way if you rip them off.

Now, just because something isn't illegal doesn't mean it isn't "suspicious",
so if they don't like you they could decide that if you're encrypting
your communications, obviously you must be up to something, so they
can decide your PC is "evidence" in their current investigation of
BCCI or the Medellin Cartel or Operation GreenMerchant or whatever,
and just hang on to it until you prove it's not....
But they'll only come knocking at your door if they don't like you 
or if they do something stupid or if they decide that's a nice-looking
SparcStation on your desk .....

-- 

				Pray for peace;      Bill
#Bill Stewart 908-949-0705 wcs@anchor.ho.att.com AT&T Bell Labs 4M312 Holmdel NJ
# Any technology distinguishable from magic is not sufficiently advanced ...
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