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The Consequences of Criminalizing Crypto
One such proposal -- which has been floated out many times before -- is the idea of making a new crime out of using encryption in during the course of commission of a different and unrelated crime.
The language would create a new offense which would punish anyone who "during the commission of a felony under Federal law, knowingly and willfully encrypts any incriminating communication or information relating to that felony." It defines encryption as referring to "the scrambling (and descrambling) of wire communications, electronic communications, or electronically stored information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such communications or information."
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