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

[AV]

Por cá a discussão é muito limitada mas lá nos EUA a luta entre os
radioamadores genuinos e aqueles que pretendem tomar de assalto o
radioamadorismo para fins de terceira ordem como a protecção pública, é
muito acesa.
Este é só mais um triste episódio, muito bem contrariado pela ARRL.

73,
António Vilela
CT1JHQ

On 10 July 2013 23:50, ACViegas <ct2ixq  radioamadorismo.pt> wrote:

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