IP: The Maginot Line of Encryption Falls

[Dave Farber <farber () cis upenn edu>]

From: sbaker () steptoe com
Date: Tue, 19 Jan 1999 14:25:59 -0500
To: <farber () cis upenn edu>


Dave --

A note I recently sent to clients.  I expect this to be in the papers tomorrow.

Stewart


From:   Stewart Baker (sbaker () steptoe com)


The rumors that we reported earlier are true.  The French Government has
abandoned its effort to control domestic use of encryption.  

In an announcement made today by Prime Minister Jospin, the government 
announced
its decision to abandon most aspects of the encryption legislation adopted in
1996.  This legislation created a licensing scheme for import and use of
encryption and required the use of key escrow for all products containing 
strong
encryption.  That approach has now been scrapped.

Jospin announced that his administration would send forward proposed 
legislation
allowing complete freedom in the use of all cryptography, abolishing the
requirement to use trusted third parties, and providing instead increase 
funding
for the police, combined with enhanced authority to demand plaintext in the
course of an investigation.

Jospin went further in his announcement.  Recognizing that it would take 
several
months to modify the legislation, he announced that the level for free use of
encryption inside France would be raised administratively from the current
40-bit level to 128 bits.  It appears that this change will take place almost
immediately.

We're seeking details about how companies that wish to sell stronger encryption
inside France may be assured of their legal status and will report further 
as we
get the information.