Data Encryption is Legal!


Don N2IRZ wrote an article in CQ Magazine's August 2006 edition which made the case that data encryption is legal when it is used for the purpose of preventing unauthorized access. The context he's referring to is when using modified commercial WiFi routers which have channels that overlap with the amateur band (e.g. HSMM-Mesh/Broadband-Hamnet) and preventing part 15 users from joining part 97 mesh networks through the use of encrypted passwords such as WPA/WEP.

I'm not sure if his logic has held up in light of the recent FCC dismissal of a rulemaking petition to provide an exception for encryption for during disaster/public service operations, but it is an interesting read.

FCC Considering Proposal For Encrypted Ham Radio

What follows is an overview of the relevant technology and rules, as well as some of the arguments for and against, and some of my notes.


It is prohibited in the US, with one exception. One is allowed to encrypt commands to an amateur satellite (Send from the ground to the satellite). Aside from that, encryption is prohibited.

From the terms and conditions spelt out by OFCOM (pdf), the UK communications regulator.
Alternately, in the license guidelines:

FCC Considering Proposal For Encrypted Ham Radio
from the technocrat-perspective dept.

Bruce Perens writes
FCC is currently processing a request for rule-making, RM-11699 (PDF), that would allow the use of Amateur frequencies in the U.S. for private, digitally-encrypted messages. Encryption is a potential disaster for ham radio because it defeats its self-policing nature. If hams can't decode messages, they can't identify if the communication even belongs on ham radio. A potentially worse problem is that encryption destroys the harmless nature of Amateur radio.There's no reason for governments to believe that encrypted communications are harmless. See hams.com/encryption/ for more information.

Amateur Radio and Encryption Canada

 Why would anyone want to use encryption on ham radio? comment below.

That said, there has never been any expectation of privacy for communications under amateur license.

In Canada, from what Industry Canada has said, it is legal to use encryption on the amateur frequencies as long as you use a key that is published. If you don't make the key available to everyone, you can't encrypt.

Interesting how Canada and the US are different on encryption in the ham bands. What's ironic, is that if the encryption key is publicly available to anyone/everyone, doesn't that negate the purpose of encryption? That's like putting a sign on your front door that says "Door is locked so that no one may enter. There is a spare key under the door mat. Come on in."

Since Amateur Radio is not designed to be a private means of communication, why would anyone need/want to use encryption in the ham bands, except for experimentation? No answer needed, that was a rhetorical question, and one that has been beaten to death.

TORONTO DMR REPEATER VA3XPR by VA3XFT Encrypted with RAS

TORONTO DMR REPEATER VA3XPR by VA3XFT Encrypted with RAS 

2017  -  RadioReference-com
https://forums.radioreference.com/threads/dmr-encrypted-with-ras.362371/

www.VA3XPR

BOTH COMMENTERS WERE CORRECTED AND SHUT DOWN (SHUT UP) AT THIS FORUM

VE3KUU aka VA3HBO - William Marquis - Scarborough-Toronto
RR DMRAPX:  ILLEGAL - Picking up DMR Encrypted with RAS on 441.9375 with DMR-MARC RID's in Toronto very strong. www.VA3XPR.NET 

VE3DJZ Huey Salmon - Hamilton
RR mclove claims:  ILLEGAL - Thats illegal in the ham band 441.93750 (440-450 uhf): DMR Encrypted with RAS with DMR-MARC RID'S DMR ID 
3023122 VA3RQ Jon Rorke Oakville Ontario
3023120 VE3RNK Rick Reemeyer Hamilton Ontario Canada Portable sound like no one cares about the laws of ham radio no more so sad ?

(RR-RadioReference-com)
BOTH COMMENTERS WERE CORRECTED AND SHUT DOWN (SHUT UP) AT THIS FORUM

Encryption and amateur radio

Encryption and amateur radio

This is an area almost guaranteed to ruffle a few feathers. And that political stuff isn't the point of my blog. However it does apply directly to my "develop the data aspects of the hobby"... furthermore there seem to be a lot of misconceptions.

First off, the word "encryption" is not in Part 97 at all. What hams are thinking of is Section 97.1 13(a)(4) of the FCC rules, which prohibits "messages in codes or ciphers intended to obscure the meaning thereof, except as otherwise provided herein.. ."

The ARRL feels that encryption is ok as long as the purpose is NOT TO HIDE the message content is within Part 97. While the basic point is that our ham bands are not meant to be secure against casual listening. However, when we are providing communications for some agency or organization, such as for disaster relief, those agencies have some expectation of confidentiality. Information about people, as well as movement of supplies and resources, is not meant to be heard by the general public.

As one should see in this case, the encryption's purpose is not to "obscure" but to provide security for sensitive / confidential information from the general public, not even necessarily from other amateurs. A good long standing precedent example is where encryption has been used on amateur satellite control uplinks for many years.

In a data applications, this easily can apply to passwords and access control. Passwords or small snippets of data surely don't hide the message as they are not necessarily even the message itself.

To further this, an amendment made to Article 25.2A (1A) at the 2003 World radio Conference no longer specifically prohibits the use of encryption and other strong security measures on transmissions between Amateur Radio stations within the same jurisdiction. 

To summarize, the the purpose is what matters, or your intent. The rule is not regulating a method or practice; it regulates a purpose or intent.

Data Encryption Is Legal

Data Encryption Is Legal

Don N2IRZ wrote an article
http://hsmm-mesh.org/images/stories/DataEncryptionIsLegal.pdf
removed/UPDATE - Data Encryption Is Legal
Replaced link - http://www.broadband-hamnet.org/images/stories/DataEncryptionIsLegal.pdf


Explain Terms


Some Terms:

  • Encoder - An encoder is a device, circuit, transducer, software program, algorithm or person that converts information from one format or code to another, for the purposes of standardization, speed, secrecy, security or compressions.
  • Encryption - In cryptography, encryption is the process of encoding messages (or information) in such a way that only authorized parties can read it.
  • Authentication - Authentication is the act of confirming the truth of an attribute of a datum or entity.

USA: Encryption on my Part 97 has and would serve many of the same purposes of encryption on Part 15.

Interoperability with existing well-proven and widely-deployed protocols like SSH and HTTPS would be dandy, and these protocols use encryption. Additionally, authentication could be used to prevent unauthorized access to resources like repeaters, radio-bbs, and parts of AMPRNet.