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Joe Biden tried to ban email encryption back in 1991

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Re: Joe Biden tried to ban email encryption back in 1991

#31
post #23
post #20

I wrote about this four years ago when Obama chose Biden as his running mate: http://news.cnet.com/8301-13578_3-10024163-38.html Note one House committee did vote in the 1990s to ban the "manufacture, distribution, or import of any encryption product that did not include a back door for the federal government," but that bill failed to become law: http://news.cnet.com/8301-31921_3-20032910-281.html Excerpts: Biden's b…

You wrote about this incorrectly; you cited Biden's language, which begins "It is the sense of Congress that", and then wrote "Translated, that means turn over your encryption keys", which it plainly does not mean, because sense-of-the-Senate language doesn't create law. Then, you wrote "Joe Biden made his second attempt to introduce such legislation in the form of the Communications Assistance for Law Enforcement Ac…

There are two separate points here: first, whether PRZ released PGP because of what Biden's bill symbolized, and second, whether Biden was anti-crypto.

For the first, see PRZ's contemporaneous statement: http://www.philzimmermann.com/EN/essays/WhyIWrotePGP.html It was this bill that led me to publish PGP electronically for free that year, shortly before the measure was defeated after vigorous protest by civil libertarians and industry groups.

For the second, I'd say Biden was more pro-law enforcement (and law enforcement wanted domestic controls on encryption) rather than anti-crypto. This played out not just in crypto but also Biden's support for CALEA, FISA expansion in the 1990s, the Patriot Act, etc: http://news.cnet.com/8301-13578_3-10024163-38.html

Re: Joe Biden tried to ban email encryption back in 1991

#32
One little-known fact about Biden is that he authored the [Omnibus Counterterrorism Act of 1995][1]. This bill was a precursor to the PATRIOT Act in several ways, such as by ["allowing secret evidence to be used in prosecutions, expanding FISA and wiretap laws, creating a new federal crime of 'terrorism' that could be invoked based on political beliefs, permitting the U.S. military to be used in civilian law enforcement, and allowing permanent detention of non-U.S. citizens without judicial review."][2] See the Center for National Security Studies [analysis][3] (written in 1995) for more detailed info.

In his own words: "I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill" (his bill was actually introduced before the Oklahoma City bombing).

[1]: http://thomas.loc.gov/cgi-bin/bdquery/z?d104:s.00390: [2]: http://news.cnet.com/8301-13578_3-10024163-38.html?tag=newsL... [3]: http://w2.eff.org/Legislation/Bills_by_number/s390_hr896_95_...

Re: Joe Biden tried to ban email encryption back in 1991

#33
post #15
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I wish he had succeed. Digital, not just email, encryption is a threat to national security.

> I wish he had succeed. Digital, not just email, encryption is a threat to national security. Since this comment is on its way to being killed, I quoted the entirety so my response would not be deprived of context. Twenty years ago, this would have engendered actual debate. Fifteen years ago, it would have been harder to defend, but it would have found defenders. Now, of course, it's seen as utterly absurd and impos…

The nail in the coffin for crypto bans seemed (to me) to be the rise of crypto competency overseas. In the mid to late 1990s there was a lot of progress outside the US.

Also, when VISA comes politely knocking, saying "We'd really like our stuff to be secure, and available to anyone," congre$$ tend$ to li$ten.

Re: Joe Biden tried to ban email encryption back in 1991

#34
post #29

Feinstein supported this, too. I wrote her a letter; her response was along the lines of "I don't care, and in any event it's good for you." Haven't voted for her since. With recent events, even though I don't live in CA any more, I plan to give her opponents money, for any election she's a candidate in.

She doesn't need your vote.

Re: Joe Biden tried to ban email encryption back in 1991

#35
post #29

Feinstein supported this, too. I wrote her a letter; her response was along the lines of "I don't care, and in any event it's good for you." Haven't voted for her since. With recent events, even though I don't live in CA any more, I plan to give her opponents money, for any election she's a candidate in.

I hope she loses in the next election. She was the one that pretty forcefully pushed the FISA reauthorization with as little debate as possible through Senate. It made me angry just hearing her talk about how the Senate shouldn't waste any time with the amendments and just quickly pass FISA before the year is over.

Re: Joe Biden tried to ban email encryption back in 1991

#36
post #10
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This is the kind of thing one can expect when their leaders are so far removed from the people that they govern. Joe Biden has been in office since 1973. I'd wager that's longer than many of the HN readers have even been alive. When you have politicians who have been running around in the Washington circles that long, some really bad things will come of it. So, at the time he proposed that, he had been in Washington…

This statement would make sense if you could provide examples of (at the time) younger Senators who actively opposed crypto regulation so we could compare their track records as well.

Representative Bob Goodlatte was a proponent of relaxation of encryption controls; pushing for a law in 1999, only 6 years after assuming office. http://en.wikipedia.org/wiki/Bob_Goodlatte

Conrad Burns was a sponsor of the PROTECT Act which was an attempt to overhaul encryption regulations, including prohibiting domestic controls of encrypted software. He did this after being in office for about 8 years. http://www.techlawjournal.com/cong106/encrypt/19990414burns....

edit: Goodlatte was a Rep, not a Senator.

Re: Joe Biden tried to ban email encryption back in 1991

#37
post #6

This is the kind of thing one can expect when their leaders are so far removed from the people that they govern. Joe Biden has been in office since 1973. I'd wager that's longer than many of the HN readers have even been alive. When you have politicians who have been running around in the Washington circles that long, some really bad things will come of it. So, at the time he proposed that, he had been in Washington…

Term limits would solve most of the lobbying/bribing/corruption problem in Washington. It wouldn't fix for good, but it would make paying for passing new laws a lot more expensive for companies. Also if everyone could only run once, they'd be a lot less worried about begging for donations for the next campaign. According to Larry Lessig representatives spend up to 70% of their time trying to get donations for their next campaigns, instead of doing their job properly, and passing laws for the actual benefit of the people.

Re: Joe Biden tried to ban email encryption back in 1991

#38
post #36
post #10

Earlier quoted context omitted.

This statement would make sense if you could provide examples of (at the time) younger Senators who actively opposed crypto regulation so we could compare their track records as well.

Representative Bob Goodlatte was a proponent of relaxation of encryption controls; pushing for a law in 1999, only 6 years after assuming office. http://en.wikipedia.org/wiki/Bob_Goodlatte Conrad Burns was a sponsor of the PROTECT Act which was an attempt to overhaul encryption regulations, including prohibiting domestic controls of encrypted software. He did this after being in office for about 8 years. http://www.t…

Not sure Rep. Bob Goodlatte was a senator. :)

Re: Joe Biden tried to ban email encryption back in 1991

#39
post #24
post #22

Earlier quoted context omitted.

It is true that sense of congress resolutions are not law, and just an 'opinion of congress'. Just for context of what Biden's opinion was at the time, here is the 'meaningless sense' that appears to have originated in his bill, S-226, from 1991. SEC. 2201. COOPERATION OF TELECOMMUNICATIONS PROVIDERS WITH LAW ENFORCEMENT. It is the sense of Congress that providers of electronic communications services and manufacture…

Again, worth noting that Biden cosponsored a bill less than a year later that (a) provided for lawful intercept of telecommunications while (b) explicitly exempting providers from a requirement to provide plaintext.

The history of that law, CALEA, is a bit more complicated than that. See:

http://news.cnet.com/8301-13578_3-10024163-38.html CALEA represented one step in the FBI and NSA's attempts to restrict encryption without backdoors. In a top-secret memo to members of President George H.W. Bush's administration including Defense Secretary Dick Cheney and CIA director Robert Gates, one White House official wrote: "Justice should go ahead now to seek a legislative fix to the digital telephony problem, and all parties should prepare to follow through on the encryption problem in about a year. Success with digital telephony will lock in one major objective; we will have a beachhead we can exploit for the encryption fix; and the encryption access options can be developed more thoroughly in the meantime."

Re: Joe Biden tried to ban email encryption back in 1991

#40
post #37
post #6

This is the kind of thing one can expect when their leaders are so far removed from the people that they govern. Joe Biden has been in office since 1973. I'd wager that's longer than many of the HN readers have even been alive. When you have politicians who have been running around in the Washington circles that long, some really bad things will come of it. So, at the time he proposed that, he had been in Washington…

Term limits would solve most of the lobbying/bribing/corruption problem in Washington. It wouldn't fix for good, but it would make paying for passing new laws a lot more expensive for companies. Also if everyone could only run once, they'd be a lot less worried about begging for donations for the next campaign. According to Larry Lessig representatives spend up to 70% of their time trying to get donations for their n…

I think term limits only make sense if you believe that you don't get better at being a legislator with experience. If you don't, then yes, absolutely, term limits will make buying votes far more expensive, but if you do, then you're constantly running the country with a team of redshirt freshmen, which may well be worse than corporate interests being able to influence policy decisions.
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