[tor-talk] HR4681 Sec 309 communication privacy legislation

Colin Mahns colinmahns at riseup.net
Sun Dec 14 22:05:11 UTC 2014


Probably. I'm sure it implies any communications that pass through the United States.

Colin

On December 14, 2014 4:27:13 PM EST, I <beatthebastards at inbox.com> wrote:
>Does that apply all over the world?
>
>
>> From: tim.mitchell7 at outlook.com
>> Sent: Sun, 14 Dec 2014 09:39:27 -0800
>> To: tor-talk at lists.torproject.org
>> Subject: [tor-talk] HR4681 Sec 309 communication privacy legislation
>> 
>> Morning all,
>> 
>> 
>> If no one has yet seen Section 309 of US HR4681, it contains some
>very
>> dubious language that sounds like it is legalizing indefinite
>government
>> retention of encrypted communications. The text is as follows
>(Section
>> 309.b.3.B.iii):
>> 
>> (B) Limitation on retention.--A covered communication shall
>>  not be retained in excess of 5 years, unless--
>> ....
>> (iii) the communication is enciphered or reasonably
>>  believed to have a secret meaning;
>> 
>> 
>> 
>> This might be going out on a limb here, but "enciphered" and
>"reasonably
>> believed to have a secret meaning" could easily be interpreted to
>apply
>> to any and all encrypted Internet traffic, including Tor.
>> 
>> 
>> I'd be curious as to what experts in this area think about this, and
>how
>> to go about raising awareness if this is indeed as serious as it
>sounds
>> to me.
>> 
>> 
>> Full text of the bill can be found here:
>> https://www.congress.gov/bill/113th-congress/house-bill/4681
>> 
>> 
>> 
>> Thanks,
>> Tim
>> 
>> 
>> 
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>
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