[linux-elitists] Fwd: [declan@well.com: FC: DOJ quietly drafts USA Patriot II, includes anti-crypto section]

Karsten M. Self kmself@ix.netcom.com
Sat Feb 8 17:01:31 PST 2003

on Sat, Feb 08, 2003 at 06:51:52PM -0500, Shawn McMahon (smcmahon@eiv.com) wrote:
> > Date: Fri, 07 Feb 2003 21:53:58 -0500
> > From: Declan McCullagh <declan@well.com>
> > Subject: FC: DOJ quietly drafts USA Patriot II, includes anti-crypto section
> > 
> > Question: When encryption is omnipresent in everything from wireless 
> > networks to hard drives to SSH clients, might the basic effect of such a 
> > law be to boost potential maximum prison terms by five years?
> That's not ENTIRELY bad for our side.  There comes a point when the
> penalty for a crime is so severe that a jury becomes loath to convict.  

And the three strikes laws have all been rapidly repealed for
imprisioning tens of thousands of check kiters and other nonviolent, but
felony, offenders.


Despite the focused opposition of several of those who'd initially
_sponsored_ the legislation, including Joe Klaas, whose granddaughter
Polly Klaas was the ipetus for California's three strikes statute:

    Three Strikes and You're Out!

I'd prefer not giving them the leg up here.

There's also a legal concept of volitional violation of law.  Nabbing
people on technicalities for which they're very likely unaware tends
against this.  Not that this helps us in many cases, but again, it's a
trend whose progress is best opposed.


Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
   Geek for hire:  http://kmself.home.netcom.com/resume.html

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