from The ARRL Letter on July 12, 2013
Website: http://www.arrl.org/
ARRL to FCC: Changes to Encryption Rules Not Necessary:
The ARRL is calling on the FCC to deny a Petition for Rule Making http://apps.fcc.gov/ecfs/document/view?id=7022424684 (RM-11699) seeking to permit the encryption of certain amateur communications during emergency operations or related training exercises. Don Rolph, AB1PH, of East Walpole, Massachusetts, petitioned the Commission in March to suggest an additional exception to §97.113, which currently prohibits "messages encoded for the purpose of obscuring their meaning."
"While Mr Rolph has concisely stated his argument, it is ARRL's considered view that there is no factual or legal basis for the assumption that encryption of transmissions...is necessary in order to continue and enhance the utility of Amateur Radio emergency and disaster relief communications," the League said in its comments
http://www.arrl.org/files/file/FCC%20Documents/Comments%20RM-11699%20FINAL%20Version%202.pdf
filed July 8 with the FCC. The ARRL also turned away Rolph's assertion that the current prohibition in §97.113 "has impacted the relationship of Amateur Radio volunteers and served agencies and significantly limited the effectiveness of amateurs in supporting emergency communications." The League said it's unaware of any evidence that served agencies have been reluctant to utilize Amateur Radio as part of their emergency or disaster relief communications plans because of the encryption restrictions in Part 97. The Amateur Service rule is based on a similar prohibition in international telecommunication law, the ARRL noted.
The League characterized as "erroneous" and "unfounded" Rolph's assumption that encryption of certain information may be required under the provisions of HIPAA -- the Health Insurance Portability and Accountability Act. The League also said it was unaware of any instance in which state statutes have been cited by any served agency or group as a reason not to employ Amateur Radio for emergency communication.
Radio amateurs, the ARRL countered, are not "covered entities" under HIPAA, which applies only to health care providers, health plans and health care clearinghouses. And, the League added, there is no expectation of privacy in Amateur Radio communications.
More than 200 comments were filed on RM-11699, most of them tending to support the ARRL's arguments. Read more at http://www.arrl.org/news/arrl-urges-denial-of-petition-to-permit-encryption-of-some-emergency-communications.
Source:
The ARRL Letter
