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01-19-2016, 12:55 PM #1
NY Bill Bans Cell Phone Encryption
New York State has a bill that will ban the sale of encrypted cell phones in the state, unless the manufacturer allows for a back door.
First, why should the state be able to get their hands on our data? And what evidence is there this will not be abused?
Second, the law actually dates back to January 1, 2016. So, if passed, it will retroactively apply to sales that were then legal. What??
Third, how can one state impose its will on a manufacturer selling nationwide? What about the Commerce Clause that I learned about in college?
This is just crazy to me.
01-19-2016, 02:44 PM #2
According to Wikipedia:
The idea behind the dormant Commerce Clause is that this grant of power implies a negative converse—a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflict between state and federal statutes, but Congress may allow states to pass legislation that would otherwise be forbidden by the dormant Commerce Clause.
Sounds to me like that is an undue burden on interstate commerce, and should not be enforceable.
Let the federal government decide.
01-19-2016, 03:58 PM #3
After Paris, maybe NY has the right idea.
01-20-2016, 07:24 AM #4
I'm interested to see what happens with this.
01-21-2016, 07:12 AM #5
I see both sides of the issue. To be honest, NY will probably use this to bust drug dealers, not track down terrorists. If it was really important, the Feds would probably be seeking this power.