On Sat, 16 Jul 2016 11:42:44 -0400 Yuval Levy <post...@sfina.com> wrote:
> It is indeed a matter of interpretation, and I would like to see the > FCC rules text. Questions: > (1) how do they define "encrypted"? The rules and regulations are very clear on what is permitted. They do not need to define anything else. > (2) on who is the obligation imposed? On all licensed amateur radio operators. > > Imposing the onus on the SMTP server operator is like imposing the > onus on gas stations for fueling vehicles used in criminal > endeavors. It does not fly because the gas station can't possibly > know what the user will use the vehicle for, other than (probably) > driving. > > By the definition of encryption, an SMTP server operator can't > possibly know that a message is encrypted unless the end-user is kind > enough to say so, e.g. in the MIME headers. > > > > Don't let them push you down this slippery slope. If you are > > really worried about it, call the FCC or a private attorney and get > > a solid interpretation. > > If I was the SMTP server operator and they came to me, I'd tell them > to take a walk. The encryption ban dates almost from the earliest days of ham radio. It has included unencrypted digital communications formats as well. It has been extremely restrictive until recently. The use of ASCII was prohibited until recently, for example. Violation of the regulations can result in severe fines and forfeiture of license and equipment. These are regulations, not laws. There is no due process as there may be in criminal cases. It's a completely different legal universe. Enforcement of regulations is administrative and not dealt with in the courts, until criminal enforcement is necessary. Please review part 97 of the FCC regulations, which pertains to amateur radio operation. For the FCC's authority, that would be in Title 47 of the United States Code.
