long-winded reply
Hi Joe;
Uh, oh ... someone playing devil's advocate ... cool! To other folks tuning in, we're just hashing stuff out in the open for the benefit of all.
This is more of an issue for a federal court than the FCC. Moreover, it's an interpretation that cuts both ways. If Tyco (isn't that who sells EDACS these days?) were to market ESK as encryption they would be opening themselves up to legal problems for false advertisement.
Would you trust a manufacturer than claimed that an eight bit exlusive-OR qualified as encryption?
The key here (pun intented) in your arguement is "many manufacturers" - many but not all. Clearly not all mfgrs feel this way. Uniden allows I-calls on some radios (I think the '780XLT will do so) but not others ('245XLT). Some mfgrs market both scanners and 2-way equipment so this may be driven by marketing rather than concern over some FCC ban. Some 2-way folks consider us scanner listeners as a nuisance. They'd be sensitive to purchasing equipment from the same company that makes it easy for the rest of us to listen.
Note that nearly all scanners can monitor cordless phones so I don't see this specific issue as a big deal to them.
Encryption and encoding are two separate things. To transfer information, you must encode it - no way around that. If encoding were the same as encryption, then this entire message board - and every other form of digital media is "encrypted".
Cool ... good analogy to ESK.
To decode any EDACS control channel you must have an 8 bit "key" (and it might actually by only 4 bits - we're still figuring this stuff out). If you set the key value to zero, you get a control channel that Tyco markets as plain EDACS. If you set the key value to 0xA0, then you get a control channel that has been marketed as ESK. The point here is if any one of these keys constitutes encryption, then all key combinations are a form of encryption. If that is the case, then even plain, non ESK EDACS is encrypted.
Yeah, it's CC data we're talking about here. Changing the encoding can create the appearance of encryption so this perception is understandable.
I'm not sure how this falls under FCC interpretion. I think the USC 2511 (is that Title 9?) definition is a transmission scheme with parameters "not readily available to the public." I'll defer to David Stark and others (who give excellent commentary on subjects like this BTW) but I will go out on a limb and suggest that publishing how something like ESK works makes that knowledge public (though not public domain - that's a different animal).
Using a combination lock as an analogy, the lock owner would carry that right (and burden). Does the fact that you use Schlage as your brand of door locks grant the Schlage corporation access to your home? [ Sorry, I couldn't resist. ]
This is a great example of legislative stupidity. If someone wants to make their analog voice comms *slightly* more secure, they can use speech inversion or SI. But wait, the receiving half of the SI system could be used to "intercept" someone else's SI communications. It's a catch-22 that should never have existed. The law actually results in less privacy instead of allowing us to pursue more (and worse, makes some folks think their SI comms are secure).
Well, this is a forum, after all - and you've brought up some great points.
Again, I don't think it's the FCC. They aren't going to refuse to issue a type acceptance for some piece of gear over I-calls or ESK - IMHO. There are much, much bigger issues or concerns for a manufacturer with IP law - mostly patents and trade secrets. I think that's the real reason here.
( and thanks for the discussion )
Regards,
Rick
Hi Joe;
Well, it all comes down to interpretation.
Uh, oh ... someone playing devil's advocate ... cool! To other folks tuning in, we're just hashing stuff out in the open for the benefit of all.
Would the FCC consider the key to be a form of encryption (regardless of how it was intended)?
This is more of an issue for a federal court than the FCC. Moreover, it's an interpretation that cuts both ways. If Tyco (isn't that who sells EDACS these days?) were to market ESK as encryption they would be opening themselves up to legal problems for false advertisement.
Would you trust a manufacturer than claimed that an eight bit exlusive-OR qualified as encryption?
I'll use this as an example: Many manufacturers elected to not include I-call because its function was too closely related to a private phone call and they didn't want to violate any FCC Cellular-based rules. (is there any expectation of privacy using an I-call?)
The key here (pun intented) in your arguement is "many manufacturers" - many but not all. Clearly not all mfgrs feel this way. Uniden allows I-calls on some radios (I think the '780XLT will do so) but not others ('245XLT). Some mfgrs market both scanners and 2-way equipment so this may be driven by marketing rather than concern over some FCC ban. Some 2-way folks consider us scanner listeners as a nuisance. They'd be sensitive to purchasing equipment from the same company that makes it easy for the rest of us to listen.
Note that nearly all scanners can monitor cordless phones so I don't see this specific issue as a big deal to them.
Regardless of how simple the 'encryption', the origin or reasoning behind its implimentation, or how many possible combinations (keys) there are, it could be considered to be encrypted or coded, and protected under the encryption laws.
Encryption and encoding are two separate things. To transfer information, you must encode it - no way around that. If encoding were the same as encryption, then this entire message board - and every other form of digital media is "encrypted".
LTR uses a code to separate two systems (0 and 1), but it is part of the same code and does not alter the datastream at all (beyond that single bit).
Cool ... good analogy to ESK.
As I understand it (and I could be wrong), ESK actually changes the code (datastream) by using it as a key to decode the stream. This is a big difference.
To decode any EDACS control channel you must have an 8 bit "key" (and it might actually by only 4 bits - we're still figuring this stuff out). If you set the key value to zero, you get a control channel that Tyco markets as plain EDACS. If you set the key value to 0xA0, then you get a control channel that has been marketed as ESK. The point here is if any one of these keys constitutes encryption, then all key combinations are a form of encryption. If that is the case, then even plain, non ESK EDACS is encrypted.
The ESK seems to much more closely resemble encryption - where you need a key to put the datastream back in the base form to recover the voice data (or CC data).
Yeah, it's CC data we're talking about here. Changing the encoding can create the appearance of encryption so this perception is understandable.
Again, whether there are 16 zillion, or two possible key combinations is only a difference of magnitude. Where do you draw the line? (The FCC draws it as anything beyond a standard stream - no keys needed - like P-25)
I'm not sure how this falls under FCC interpretion. I think the USC 2511 (is that Title 9?) definition is a transmission scheme with parameters "not readily available to the public." I'll defer to David Stark and others (who give excellent commentary on subjects like this BTW) but I will go out on a limb and suggest that publishing how something like ESK works makes that knowledge public (though not public domain - that's a different animal).
Of course, should M/A-Com elect to authorize a manufacturer to use the code, and decrypt their control channel, this would all be a moot point. Now, who really can authorize the decryption? The manufacturer, or does it have to come from the *licensee*!
Using a combination lock as an analogy, the lock owner would carry that right (and burden). Does the fact that you use Schlage as your brand of door locks grant the Schlage corporation access to your home? [ Sorry, I couldn't resist. ]
Voice inversion is a very simple scrambling method, and an 8-year-old can crack it. Still, it is illegal to do. It's amazing that one manufacturer can legaly sell a voice inversion option for their scanners. (or maybe it is illegal to sell that option in the USA)
This is a great example of legislative stupidity. If someone wants to make their analog voice comms *slightly* more secure, they can use speech inversion or SI. But wait, the receiving half of the SI system could be used to "intercept" someone else's SI communications. It's a catch-22 that should never have existed. The law actually results in less privacy instead of allowing us to pursue more (and worse, makes some folks think their SI comms are secure).
Not trying to debate the issue - just bringing up some alternative points of view.
Well, this is a forum, after all - and you've brought up some great points.
After all, the FCC's 'opinion' is the only one that matters.
Again, I don't think it's the FCC. They aren't going to refuse to issue a type acceptance for some piece of gear over I-calls or ESK - IMHO. There are much, much bigger issues or concerns for a manufacturer with IP law - mostly patents and trade secrets. I think that's the real reason here.
( and thanks for the discussion )
Regards,
Rick