UNLAWFUL USE OF ENCRYPTION
Increasingly,
encryption is being used to conceal and facilitate secure communications
between criminals. The unlawful use of encryption should not
be considered only in relation to computer crimes. Rather encryption
is often used in the facilitation of drug-related offenses
and terrorism. The most notable instance of encryption concealing
evidence and communications is the case of Ramsey Youssef,
the terrorist who bombed the World Trade Center in 1996. Youssef’s
files were encrypted using a free and easily obtainable encryption
program, Pretty Good Privacy. It took the National Security
Agency 10 months to unencrypt the contents of the encrypted
files. Currently only two states have statutes prohibiting
the unlawful use of encryption.
NEVADA
§ 205.486. Unlawful use of encryption
1. A person shall not willfully use or attempt to use encryption,
directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any criminal
offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor, unless the encryption was used or attempted
to be used to commit a crime for which a greater penalty is provided by specific
statute. If the encryption was used or attempted to be used to commit a crime
for which a greater penalty is provided by specific statute, the person shall
be punished as prescribed by statute for that crime.
(b) Commits a criminal offense that is separate and distinct from any other
criminal offense and may be prosecuted and convicted pursuant to this section
whether or not the person or any other person is or has been prosecuted or
convicted for any other criminal offense arising out of the same facts as the
violation of this section.
VIRGINIA
§ 18.2-152.15.
Encryption used in criminal activity
Any person who willfully uses encryption to further any criminal
activity shall be guilty of an offense which is separate and
distinct from the predicate criminal activity and punishable
as a Class 1 misdemeanor.
"Encryption" means the enciphering of intelligible data into
unintelligible form or the deciphering of unintelligible data
into intelligible form.
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