[W5SFA] Ending encrypted data nonsense on our ham bands

Wed Nov 6 09:59:36 CST 2019

https://qrznow.com/fcc-asked-to-clarify-amateur-rules-governing-encrypted-or-encoded-messages/

On Tue, Nov 5, 2019 at 9:06 AM Jim Scarbrough <jrscarbrough at sbcglobal.net>
wrote:

> Fellow SFA’ers,
>
>
>
> I have never before been moved to take a stand on a ham radio issue but
> I’ve also never before seen the ARRL cave to the interests of a commercial
> entity (namely WINLINK Global Radio Email) over the interests of our
> hobby.  As members, they gladly accept our money to represent us but they
> are, IMO, clearly failing us now.
>
>
>
> Two very basic things we learned as new hams are jeopardized by this
> questionable behavior:
>
> ·         The most basic philosophy that ham radio is different than all
> other radio services in that we are self-policing.  We are therefore
> granted a very special relationship with the FCC, one that is clearly
> placed in jeopardy by this reckless behavior.
>
> ·         No “codes or ciphers” or “encryption” may ever be used, as
> among other things it would obviously eliminate our ability to self-police
> the service.
>
>
>
> The issue is that WINLINK, in competition with other commercial entities,
> offers a “private email service” primarily catering to yacht owners using
> encrypted data OVER THE HAM BANDS.  Their competition does not use the ham
> bands.  Their competition pays for their air time.  WINLINK claims a
> breakthrough in efficiency by using compression to appease those that might
> object, *but they SELL “privacy”* to their users.
>
>
>
> How do they get away with what would appear to be such a clear violation
> of long existing Part 97 Rules?  They make an outrageously narrow
> interpretation of the rules that they believe state that encryption *without
> the intent to encrypt* is not encryption.  All with the ARRL’s blessing.
> As parents, we wouldn’t allow such backtalk from our children, but this is
> exactly what has been going on for years.  They further argue that it’s not
> even encryption, rather it is “compression with a proprietary algorithm and
> key”.  I for one do not recognize the distinction.  The issue is that these
> compressed transmissions cannot be decoded in real time over the air like
> ALL OTHER transmissions on ham radio.  The result has been numerous
> egregious documented rule violations.
>
>
>
> What is *not* the issue:
>
> ·         Analog vs. digital.  There are multitude of efficient digital
> modes that can be monitored in real time over the air with virtually zero
> incremental hardware investment and minimal investment in time and effort.
> No rule violations there. This is all about *ending commercial
> exploitation* of OUR ham bands which is setting a precedent for others to
> follow.
>
>
>
> Anyway, Ted N9NB, has done the heavy lifting for us to end this nonsense.
> He has filed a PETITION FOR DECLARATORY RULING, requesting that the FCC
> definitively end this razor thin loophole in the Rules.  The more comments
> filed in favor of this petition, the more likely the FCC is to prioritize
> and favorably rule on it.  I’ve attached Ted’s recent email on this topic
> which contains a link to the petition itself.
>
>
>
> Should you be willing and inclined to file a public comment, here’s the
> link to do so:  https://www.fcc.gov/ecfs/filings
>
> I recommend selecting *EXPRESS COMMENT* and I’ve highlighted the required
> fields.  It shouldn’t take more than two minutes out of your day.
>
> The only information you will need to do this that isn’t obvious is to
> type *“16-239”* in the Proceeding box.
>
>
>
>
>
> Thank you for your time and consideration,
>
>
>
> Jim KE5FN
>
>
>
> + + +
>
>
>
>
>
> *From:* Alan Brown [mailto:k5ab at centex.net <k5ab at centex.net>]
> *Sent:* Monday, November 04, 2019 7:33 PM
> *To:* Ted N9NB <tsrwvcomm at aol.com>; Dan White <hdwhite at charter.net>
>
> *Subject:* Re: Hi Alan
>
>
>
> Howdy Ted,
>
> I am aware of the effort of NYU to request a Declaratory Ruling with the
> FCC.  *I think this is GREAT!!!*  The management of Winlink Global Radio
> Email has for years been deceptive to the public about the type of
> commercial business they provide within OUR amateur radio bands.  The truly
> sad reality to me is:  First, the ARRL is almost fully in favor of this
> commercial use of OUR amateur radio bands.  And second, the general apathy
> of the average licensed radio amateur on this subject.  In my humble
> opinion, for well over ten years now, Winlink Global Radio Email has been
> in competition with several other commercial email providers which use
> non-Ham Band frequencies, BUT WINLINK GLOBAL RADIO EMAIL uses Ham Band
> frequencies instead of commercial frequencies!!!!  UFB!!!!
>
> So, yes, I plan to comment in support of the FCC to have a fresh look at
> the existing FCC rules, and how they are being ignored by one huge user
> known as Winlink Global Radio Email.
>
> I hope some of my radio friends will see a need to comment as well.
>
> When I have attended Ham Radio Clubs, and asked the members if all
> transmissions within the Ham Bands should be transparent (versus obscured
> in any way).  I have always seen that 100% of those given this question
> respond the same.  They KNOW that Ham Radio is ALWAYS supposed to be
> transparent!!!  The other side of this coin is that they are almost always
> NOT aware of the commercial traffic that Winlink Global Radio Email has
> promoted for more than ten years!  And why do they not know this?  For two
> reasons: First, Winlink Global Radio Email has been using obscure
> transmissions which are NOT transparent.  And second, the ARRL has been
> aware of this condition for years, and has done nothing to stop it!!!!
> UFB!!!  The organization that is supposed to be protecting ALL RADIO
> AMATEURS has failed us, and has teamed-up with an outside influence that is
> NOT interested in accepted uses of OUR Ham Bands.
>
> Thanks for your relentless support for Amateur Radio, Ted!  My hat is off
> to you, my friend!
>
> Very 73,
>
> Alan...
>
> K5AB
>
>
>
> On 11/4/19 9:59 AM, Ted N9NB wrote:
>
> Dear Alan:
>
>
>
> You have been a vital and active part of our efforts to make ham radio
> open and transparent.
>
>
>
> Finally, the FCC has heard us and is seeking comments on a rule petition
> we have made. Now more than ever, we need your help and that  of all  other
> hams to take time to write the fcc in support of the NYU petition for data
> transparency and openness.
>
>
>
>  I seek your immediate help in taking a moment to file a public comment at
> the FCC, and to  alert other Hams of the urgent need to write in to express
> your support for NYU’s petition to the FCC to keep ham radio data modes
> open and accessible for all, with hopes the openness improves STEM and
> student engagement.
>
>
>
> See this story about the NYU petition at this link, and below the link you
> will find simple instructions of how to file a comment at the FCC ECFS
> commenting system - we really need you and others, now more than ever. It’s
> our one moment to move the hobby forward!
>
>
>
> Please file a comment to the FCC in favor of the NYU data transparency
> petition, and spread the word. We need as much as support as we can muster
> right now for all open transparent data , Thanks ted N9NB
>
>
>
> https://www.rrmediagroup.com/News/NewsDetails/newsID/18900
>
>
>
> Instructions to file:
>
>
>
> Thanks in advance for your support of the NYU ham radio petition. We
> really need you and others to write to the fcc, stating your credentials
> and reasons for why NYU’s petition for openness and transparency must be
> supported and enacted  by FCC.
>
>
>
> We need you and anyone you know to speak out in favor of the NYU petition
> and openness and transparency for STEM, and for the culture and future of
> ham radio.
>
>
>
> Go here and enter “16-239” in proceedings, it should pull down”amateur
> baud rate”.
>
>
>
> https://www.fcc.gov/ecfs/filings
>
>
>
> Fill out your name and Information, and please let me know when you
> do. Please spread the word to all you know, and please file in favor of the
> NYU Declaratory Ruling to ensure openness. You can google “Wireless girl”
> if you need more detail on how to file.
>
> 73 es thanks- ted n9nb
>
>
>
> Sent from smartphone, please excuse typos
>
> _______________________________________________
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> w5sfa at w5sfa.org
> http://mail.w5sfa.org/mailman/listinfo/w5sfa_w5sfa.org
>

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