Another way to take care of the Encrypting issue is to announce the 
Encryption Keys on the Frequency of your choice at the start of the 
day (sorry if your radio was not on or on the right frequency when 
the announcement was made in the clear or you don't have the 
necessary equipment to put the KEY into your radio and send the 
info).  You are legal, and not at risk. This is not really Top Deck 
Rocket Science, but the world does go on by every day and most all do 
not see it happening.  Not sure how to handle this with D-Star.  Yes, 
I also do Motorola Astro-Digital P-25 with full DES-XL Encryption and 
16 keys loaded into my Twin Motorola Astro-Saber III's (144 and 
450Mhz).

Steve W4CNG 


--- In [email protected], "Woodrick, Ed" <ewoodr...@...> 
wrote:
>
> If you are given a file to transmit, then as long as you transmit 
that file intact and without encrypting it to obscure the meaning of 
the file, then you should be safe.
> 
> If the customer wants to encrypt the file before giving it to you, 
that's up to them.
> 
> If the hams don't encrypt the communications, then everything 
should be fine!
> 
> I wouldn't suggest starting the transmission with "This contains 
sensitive medical information" That's pretty much telling someone to 
try to read the data.
> 
> Now in accordance with the Privacy Act, the Amateur Operators 
probably shouldn't have access to information such as SSN in the 
first place.
> 
> From: [email protected] 
[mailto:[email protected]] On Behalf Of Frank P.
> Sent: Tuesday, December 30, 2008 2:25 PM
> To: [email protected]
> Subject: [DSTAR_DIGITAL] Encryption on Amateur Frequencies
> 
> 
> Several months ago the ARRL questioned the FCC concerning the rules
> of NO ENCRYPTION versus THE PRIVACY ACT. I don't have the exact
> quote handy, but I believe the query had to do with "after a
> disaster" communications. Here is a theoretical scenario similar to
> the one posed to the FCC:
> 
> A group of ARES volunteers at a local shelter are in direct
> communication with the Red Cross HQ, or a hospital, or the local
> OEM. The shelter has several sick or injured individuals who need
> assistance or transportation to a hospital. The shelter emcom hams
> prepare a database (Excel spreadsheet, text message, etc.) 
containing
> the names, addresses, SSN's, Health Insurance info, and other data
> covered by the federal Privacy Act. How do they send this info
> without violating the Privacy Act? They encrypt the data, as per a
> prearranged method between the emcom personnel and the receiver{s) 
of
> the data, and transmit it using packet, winlink, D-Star digital data
> or other digital means. The non-encrypted header of the message
> should state "The data contained herein contains personal health
> information and has been encrypted to preserve the privacy of the
> individual patients".
> 
> Now, the FCC regulations for amateur radio, part 97, rule that
> encryption cannot be used to "obscure the meaning" of 
communications.
> 
> So, if you state in the un-encrypted header that only 
the "substance"
> of the message has been encrypted, and the meaning (or reason)for 
the
> encryption is to follow the rules of the Privacy Act, then the
> encryption should be allowed.
> 
> If any of you on this reflector can find the exact text of the
> opinion rendered by the FCC on this matter, please post it for the
> edification of our fellow members, and for possible future reference
> for ARES / RACES personnel.
> 
> 73, de Frank Porcaro, N2RSO
> Wantagh Long Island NY
> 
> 
> 
> [Non-text portions of this message have been removed]
>


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