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IP: Economist on crypto controls


From: Dave Farber <farber () cis upenn edu>
Date: Thu, 05 Mar 1998 16:20:00 -0500

From: David Wagner <daw () cs berkeley edu>
Subject: Economist on crypto controls
To: farber () cis upenn edu
Date: Thu, 5 Mar 1998 13:12:26 -0800 (PST)
X-Mailer: ELM [version 2.4 PL25]


This week's Economist has an editorial coming out against controls
on crypto.  As usual, they've taken an eminently sensible stance on
the issues...




http://www.economist.com/editorial/freeforall/current/ld4935.html


[Note: if you forward to IP, please trim down -- e.g. delete the first
three paragraphs -- so I don't commit any nasty felonies.]


Forwarded message:
   Privacy on the Internet
   Plans to control encryption software are futile and misguided
   
   GOVERNMENTS are schizophrenic about the Internet. Most are genuinely
   excited by its phenomenal growth and the opportunities it offers both
   to business and education. They also sense that any country attempting
   to hold it back risks looking foolish and technophobic. On the other
   hand, they find the Internet's libertarian culture and contempt for
   national borders subversive and frankly terrifying. Although much of
   the popular demand for Internet regulation comes from the ease with
   which it allows the distribution of pernicious content, a much more
   important debate about the future of the wired world is hotting up.
   
   The argument is about the seemingly arcane subject of cryptography.
   The dilemma for governments is whether to put the demands of
   crime-fighting before those of protecting the privacy of businesses
   and individuals. In the United States this week, a coalition of
   computer-industry heavyweights, civil-liberty gadflies, politicians
   from both main parties and some of Washington's toughest lobbyists
   announced the formation of Americans for Computer Privacy. The
   intention of this new alliance is to make the fight against the
   administration's policy on cryptography a populist issue and to derail
   potentially threatening legislation. In Britain too, campaigners fear
   that Labour in office plans to reverse the liberal approach to
   encryption it advocated in opposition.
   
   America already imposes controls over the export of encryption
   technology. These have almost certainly hurt American software firms
   more than the wicked foreigners they are aimed at. Some legislators,
   supported by the White House, now want to go further. Two bills before
   Congress, backed by the FBI and the National Security Agency, would
   bar the distribution of any so-called "hard" encryption software
   unless code-breaking keys were first given to law-enforcement
   agencies. Powerful and widely available encryption software, the
   law-and-order lobby argues, lets criminals and terrorists communicate
   over the Internet with complete security. Without the ability to tap
   into their files, heinous crimes will go undetected. Rather than
   having the right to snoop indiscriminately, it is suggested, keys
   could be held in escrow by "trusted third parties" and only made
   available by court order.


   
   Reasonable though this sounds, the results would be almost wholly
   malign. Confidence in encryption is essential for both Internet
   commerce and the protection of individual privacy. If businesses
   believe that confidential documents sent over the Internet can be
   hacked into, they won't send them. If credit-card transactions can be
   easily intercepted, goods will not be purchased. If e-mails that
   individuals wish to keep private can be electronically steamed open,
   they will stay unwritten. Powerful encryption is, in fact, an
   essential protection for the law-abiding. Who would be confident that
   keys would not get into the wrong hands, that trusted third parties
   could be trusted or that law-enforcement agencies would not abuse
   their new powers as they have done old ones, such as phone-tapping?
   
   It is easy to see why some governments are yielding to pressure from
   their police forces. Keen though politicians are to be seen
   encouraging the Internet, they are even keener not to be tagged "soft
   on crime". They should reflect on two points. First, whatever they do,
   though harmful to the law-abiding, will be countered anyway by
   well-resourced criminals-the encryption genie is out of the bottle.
   Second, the list of countries where strong domestic controls on
   cryptography are already in place is Belarus, China, Israel, Pakistan,
   Russia and Singapore. Is that a club they really want to join?


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