In message <20160716192156.09767350@kendramatic> jdebert writes: > > 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.
Way OT but ... Perhaps check out https://www.tapr.org/ or http://www.arrl.org/ . My understanding is that packet radio has been allowed in part of the HAM band and in part of the Marine SSB band for quite a long time. It is extremely slow. In HAM one purpose (as in the purpose of HAM itself) is experimentation (within constraints) and technical innovations. In Marine SSB the purpose is largely safety as it is the most effient way to get relatively error free detailed weather data when hundreds or thousands of miles from shore (and one way, though not the preferred way, to get assistance at sea). Maybe more technically problematic than the restriction on encryption is the restriction that the exchange cannot be in any way commercial and if personal should be extremely brief. That's a tough filter to implement. OTOH - encryption might get you in much deeper trouble. btw- Unfortunately, a long time ago X.25 was picked. This has sort of kept packet radio in the digital stone ages. BSD dropped X.25 a decade ago but Linux still has code (marked experimental and does not seem to be supported). The ITU has pull in a lot of places so X.25 is mandated for packet radio in a lot of places. That said I'm no expert on this (or much of anything :) Curtis
