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Dutch Crypto Ban Proposal -- from Hollandvia EFF
From: David Farber <farber () central cis upenn edu>
Date: Wed, 20 Apr 1994 14:44:20 -0400
From: W.H.Sonnemans () kub nl Date: 20 Apr 94 17:34:19 MET At last i have got the Dutch proposal plus commentary online. I have not had the time to translate it. The essence of the Proposal is a ban on the use, ownership and sale of encryption methods. Not all methods are banned though. Encryption methods that are not suited to encrypt messages are excempted, so are systems that are are weak. Everyone who wants to use encryption has to apply for a license, one of the conditions of this licensing scheme is revealing all information on the system (algorithm, key) to one special agency which should work as a trusted third party. Anyone applying must have a " justifiable reason " for wanting to use it. They want to fight the use of encryption mainly by banning the trade in banned systems. One remark in commentaries really blew my mind (loosely translated): Whenever anyone posts an encryption method on for example the Internet that is banned in Holland. And somebody in Holland downloads the method, the poster or system operator of the system on which the method is posted can be prosecuted under Dutch Law. Can you imagine a system operator from New York on holiday in Holland being arrested for the posting of a encryption method freely avaible everywhere ? This "extension" of Dutch jurisdiction is absurd, but this example is typical of the lack of foresight and expertise of it's creators. They do realise that you must deal with the problem internationally and express the hope that within the EEC an agreement will arise which would make the "extension" a Dutch Jurisdiction not neccesary. As i have not had the time to study the proposal in detail this article should be treated as a first comment. As i said it's just a pre proposal and it is rumoured that they are revising it as we speak. [...] With Regards, Wim Sonnemans Tilbury University ____ end fwd _____ The full text of the proposal and commentary as scanned by Wim is available *in Dutch* as: ftp.eff.org, /pub/EFF/Legislation/Foreign_and_local/Netherlands/ nl_crypto.proposal gopher.eff.org, 1/EFF/Legislation/Foreign_and_local/Netherlands, nl_crypto.proposal gopher://gopher.eff.org/11/EFF/Legislation/Foreign_and_local/Netherlands, nl_crypto.proposal file://www.eff.org/pub/EFF/Legislation/Foreign_and_local/Netherlands/ nl_crypto.proposal The English translation if/when available will be in the same .../Netherlands directory.
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- Dutch Crypto Ban Proposal -- from Hollandvia EFF David Farber (Apr 20)