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Cyphernomicon 9.8

Policy: Clipper,Key Escrow, and Digital Telephony:
Digital Telephony


    9.8.1. "What is Digital Telephony?"
           - The Digital Telephony Bill, first proposed under Bush and
              again by Clinton, is in many ways much worse than Clipper.
              It has gotten less attention, for various reasons.
           - For one thing,  it is seen as an extension by some of
              existing wiretap capabilities. And, it is fairly abstract,
              happening behind the doors of telephone company switches.
           - The implications are severe: mandatory wiretap and pen
              register (who is calling whom) capaibilities, civil
              penalties of up to $10,000 a day for insufficient
              compliance, mandatory assistance must be provided, etc.
           - If it is passed, it could dictate future technology. Telcos
              who install it will make sure that upstart technologies
              (e.g., Cypherpunks who find ways to ship voice over
              computer lines) are also forced to "play by the same
              rules." Being required to install government-accessible tap
              points even in small systems would of course effectively
              destroy them.
           - On the other hand, it is getting harder and harder to make
              Digital Telephony workable, even by mandate. As Jim
              Kallstrom of the FBI puts it:  ""Today will be the cheapest
              day on which Congress could fix this thing," Kallstrom
              said. "Two years from now, it will be geometrically more
              expensive.""  [LAN Magazine,"Is it 1984?," by Ted Bunker,
              August 1994]
           - This gives us a goal to shoot for: sabotage the latest
              attempt to get Digital Telephony passed into law and it may
              make it too intractable to *ever* be passed.
           + "Today will be the cheapest day on which
             - Congress could fix this thing," Kallstrom said. "Two
                years from now,
             - it will be geometrically more expensive."
           - The message is clear: delay Digital Telephony. Sabotage it
              in the court of public opinion, spread the word, make it
              flop. (Reread your "Art of War" for Sun Tsu's tips on
              fighting your enemy.)
           -
    9.8.2. "What are the dangers of the Digital Telephony Bill?"
           - It makes wiretapping invisible to the tappee.
           + If passed into law, it makes central office wiretapping
              trivial, automatic.
             - "What should worry people is what isn't in the news (and
                probably never will until it's already embedded in comm
                systems). A true 'Clipper' will allow remote tapping on
                demand. This is very easily done to all-digital
                communications systems. If you understand network routers
                and protocol it's easy to envision how simple it would be
                to 're-route' a copy of a target comm to where ever you
                want it to go..."  [domonkos@access.digex.net (andy
                domonkos), comp.org.eff.talk, 1994-06-29]
    9.8.3. "What is the Digital Telephony proposal/bill?
           - proposed a few years ago...said to be inspiration for PGP
           - reintroduced Feb 4, 1994
           - earlier versrion:
           + "1)  DIGITAL TELEPHONY PROPOSAL
             - "To ensure law enforcement's continued ability to conduct
                court-
             - authorized taps, the administration, at the request of
                the
             - Dept. of Justice and the FBI, proposed ditigal telephony
             - legislation.  The version submitted to Congress in Sept.
                1992
             - would require providers of electronic communication
                services
             - and private branch exchange (PBX) operators to ensure
                that the
             - government's ability to lawfully intercept communications
                is not
             - curtailed or prevented entirely by the introduction of
                advanced
             - technology."
  

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