ARLA/CLUSTER: Fw: ARLB016 ARRL Urges Denial of Petition to Permit Encryption of Some Emergency Communications

[ACViegas]

Caros Amigos ,
aqui vai a noticia na integra como me foi enviada.
Cumps
ACViegas
CT2IXQ

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From: "ARRL Web site" <memberlist  www.arrl.org>
Sent: Tuesday, July 09, 2013 7:48 PM
To: <acviegas  hotmail.com>
Subject: ARLB016 ARRL Urges Denial of Petition to Permit Encryption of Some 
Emergency Communications

> SB QST @ ARL $ARLB016
> ARLB016 ARRL Urges Denial of Petition to Permit Encryption of Some
> Emergency Communications
>
> ZCZC AG16
> QST de W1AW
> ARRL Bulletin 16  ARLB016
> From ARRL Headquarters
> Newington CT  July 9, 2013
> To all radio amateurs
>
> SB QST ARL ARLB016
> ARLB016 ARRL Urges Denial of Petition to Permit Encryption of Some
> Emergency Communications
>
> The ARRL is calling on the FCC to deny a Petition for Rule Making
> (RM-11699) seeking to permit the encryption of certain amateur
> communications during emergency operations or related training
> exercises. Don Rolph, AB1PH, of E 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,
> filed today 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. "This mistaken assumption leads to the
> conclusion that the inability of Amateur Radio operators to encrypt
> the content of their transmissions in order to obscure the meaning
> of the transmissions renders Amateur Radio less (and decreasingly)
> useful to served agencies than it would be if encryption of those
> transmissions was permitted," the ARRL said. 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.
>
> The ARRL said it's not possible to determine the validity of the
> claim "that health care agencies subject to HIPAA are or might be
> unwilling or reluctant to utilize Amateur Radio in emergency
> communications and disaster relief planning" because of any lack of
> privacy inherent in Amateur Radio. "Permitting encryption might
> remedy the concern as a practical matter, if the concern exists,"
> the League continued, but "the complete dearth of even anecdotal
> evidence of the existence of that concern" makes it impossible to
> justify the proposed rule change on that basis.
>
> "It is extremely important to insure that Amateur Radio remains
> useful to served disaster relief and emergency communications
> agencies, which include health care facilities," the League
> stressed. "It is just as important to insure that regulatory
> impediments to that volunteer work be minimized to the extent
> consistent with the nature of the Amateur Radio Service." Amateur
> Radio's utility to served agencies in supporting emergency
> communication, the ARRL continued, "is high indeed, and is at the
> present time unfettered by the inability to encrypt transmissions."
>
> However, the ARRL said that should it become necessary in the future
> for radio amateurs to protect the privacy of individuals whose
> medical data may be transmitted by Amateur Radio during or after an
> emergency or disaster, "the Commission may be asked to revisit this
> matter."
>
> "It is urgent that Amateur Radio continue to be an essential
> component of disaster and emergency communications planning," and
> that served agencies, including medical facilities, perceive the
> utility of Amateur Radio as unhindered by regulations that prohibit
> encryption, the League emphasized.
>
> More than 200 comments were filed on RM-11699, most of them tending
> to support the ARRL's arguments.
> NNNN
> /EX
>