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by gorkish
2639 days ago
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It's pretty dry but you are welcome to read Part 97 R&R https://www.govinfo.gov/content/pkg/CFR-2009-title47-vol5/pd... The legal definition prohibiting encryption is in ยง97.113(4) and says that "messages encoded for the purpose of obscuring their meaning" are prohibited. This is generally accepted to be a blanket prohibition of "encryption" in the sense that SSH, SSL, TLS, VPN type traffic would be prohibited. However, there are some interesting and positive nuances because the rule specifically doesn't ban "crypto". For instance, it is my belief that cryptography for the purpose of authentication or message signing/integrity checking is completely permissable. That is to say that you can even technologically allow things like TLS and HTTPS so long as you force a NULL cipher; so you get message integrity but no encryption so some observer could see all the traffic but not be able to interfere. |
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Now that we live in a world where my writing this message to you (and, in fact, to the world, publicly under my name) goes over an encrypted channel and it would be unthinkable if it didn't, and where my texts to my friends about where to get dinner happen over an end-to-end secure messenger, and where most competent cryptography is developed in public, it's not clear the rules make sense any more. But that's where they come from.
BTW, one ham has argued that encryption for the purpose of using a standard protocol like WPA/802.1x (or, probably, SSH or SSL) that is otherwise compliant with the intent of the amateur service is legal, because the purpose of the encryption is not obscuring their meaning, the obscured meaning just a side effect of other goals: http://www.n5dux.com/ham/files/pdf/Data%20Encryption%20is%20...