l0pht

  H.R. 514, Which Will Ban Scanners That Can Receive Many Wireless Signals, Passes In The House.

3.01.1999  

D0pes in Washington duped by Industry Specialists

by Brian Oblivion, L0pht Heavy Industries

The Cellular Telecommunications Industry Association (CTIA) is again lobbying Congress to fix thier problems by passing unecessary legislation rather than securing the communication channels in which sensitive information is exchanged between the mobile telepohone and it's associated network. The resolution, HR-514 was approved by the House and is now on it's way to the Senate. It has been entitled the Wireless Privacy Enhancement Act of 1999, but it really has little to do with privacy.

It takes no stretch of the imagination to realize that certain leaders of the mobile telephony industry are willing to sacrifice the rights of average citizens rather than securing thier networks. Rather than using technology to protect the information that travels over the network, they move to remove the tools that experimentors and hobbiests use to understand how the technology actually works. HR-514 moves to criminalize the use of scanners and various electronic circuits that are used to demodulate digital modes of communications.

An analogy is the situation we all face with windows in our homes. Technology exists that enables others to see into our homes with telescopes and binoculars. It should be of no surprise to anyone that criminals and law enforcement use this technology to meet their own individual goals. Should we pass laws that ban binoculars and telescopes from the general public or should people install a "protective technology", window shades, if they desire privacy?

Common sense dictates the window shade solution. Yes, it is more expensive, but you are really getting privacy, not a false sense of security. Criminals will flout any law and law enforcement is exempt from them. It should be no surprise that law enforcement is often behind privacy solutions that are enforced by law instead of using "protective technology". "Protective technology" is absolute whereas laws are interpreted and manipulated by those in power.

The tragedy of the situation is that our Representatives in Washington, DC are at the mercy of "technology experts" -- spokesmen from industry leaders tauting solutions aligned with the interests of thier host corporation, rather than the liberty of citizens.

The CTIA will tell you they are protecting your privacy by restricting what commercial scanners can receive. They really don't give a damn about privacy or the security of the content of thier wireless networks. Thier intentions are clearly to generate legislation that they can then put in their marketing literature. Whether or not it is legal to do, third parties WILL BE listening to your transmissions. Now they attempt to remove the tools from individuals that can expose the truth about the security of your wireless transmissions. No doubt, they will move to classify any reports or data which reveals security holes as proprietary, keeping the public in the dark.

Above securing the privacy of mobile telephony conversations, they are trying to combat cellular fraud. They mistakenly think that criminals are primarily pulling subscriber unit information out of the air with with commercial scanning receivers by expanding the EXISTING restrictions on this equipment. Criminals will continue to use the scanners they already own. Criminals will easily modify cellular telephones to obtain information vital to cellular fraud.

It all boils down to band-aid legislation on a flawed technology. Rather than spending the money to deliver a mobile telephony system which secures the subscriber information from being revealed to third parties, rights are stripped away from the citizen. If the banking industy worked like this, banks wouldn't buy vaults, they would just blind-fold the customers so nobody knew where they hide the money. It's absurd.

The unfortunate effect of this legislation is the victimization of experimentors and radio hobbiests who explore these technologies. More often than not, security holes are found by these folks, published, and brought to the attention of the Industry. We now see they industry is ashamed, and moving to nip further embarassaments in the bud by crimininalizing curiousity. This legislation alienates the natural check and balance system these experimenters provide, diminishing the overall state of communications security, while lining the pockets of an industry who is more interested in corporate profits rather than a secure communications infrastructure.

Fight this useless legislation by writing your Senators. You can read the full text of the additions to the Wireless Privacy Act at this location:

http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.514:



  What You Can Do

3.01.1999  
Write, Fax or Email these Senators

Below is a list of members of the Senate subcommittee that will first consider H.R. 514. These are the folks you should contact first. EVERY scanner owner should write to EACH ONE of these Senators, in addition to writing to the two Senators from your own state.

 
         Republicans 
             Conrad Burns, Montana, Chairman 
             Ted Stevens, Alaska 
             Slade Gorton,  Washington 
             Trent Lott, Mississippi 
             John Ashcroft, Missouri 
             Kay Bailey Hutchison, Texas 
             Spencer Abraham, Michigan 
             Bill Frist, Tennessee 
             Sam Brownback, Kansas 

         Democrats 
             Ernest F. Hollings, South Carolina 
             Daniel K. Inouye, Hawaii 
             John F. Kerry, Massachusetts 
             John B. Breaux, Louisiana 
             John D. Rockefeller IV, West Virginia 
             Byron L. Dorgan, North Dakota 
             Ron Wyden, Oregon 
             Max Cleland, Georgia 



  Links to Sites Covering This Issue

3.01.1999  

www.strongsignals.net

Sample Letters

Senate Subcommittee Contacts