From: usura@vox.xs4all.nl (Alex de Joode)
Date: Tue, 20 Sep 94 14:48:51 PDT
To: cypherpunks@toad.com
Subject: Laws Outside the U.S.
Message-ID: <0ZZysc1w165w@vox.xs4all.nl>
MIME-Version: 1.0
Content-Type: text/plain


tcmay@netcom.com (Timothy C. May) writes:

: > It would be interesting for those in other jurisdictions to comment about
: > how *their* rulers might view anonymous communications and strong crypto.
: 
: I heartily agree with Duncan here! There has been very little said by
: the good residents of France, Germany, Sweden, Holland, Italy, etc.
: about just what the crypto-related laws of their countries are.

[..]
 
: So, I appreciate that some of our European readers may be tired of
: hearing about U.S. policy or proposed laws, but the proper solution is
: _competing speech_. That is, give us something new to talk about. Tell
: us about what *your* country is doing. Tell us about any laws limiting
: what kind of modems can be hooked up to your PTTs, as a concrete
: example. Tell us about the raids on BBSs in Italy. Tell us about the
: rumor that the Netherlands plans to ban unapproved crypto. 

There was a draft for a proposal for a law that would have 
outlawed crypto in the Netherlands. It would only be legal 
to use crypto if you had deposited the KEYs and if you had 
received a license. The use, trade and possesion of crypto 
was forbidden.

It would be illegal (to dutch law) to have cryptosoftware 
available at some ftp-site (somewhere in the world) that 
would be accesable from the Netherlands (really!). 
(laws and enforcement of those laws are two -totally- 
different things in Holland :))

The draft was revoked, due to the huge amount of protest',
the good thing is that we are in the proces of founding the
dutch equivelant of the EFF: "de db.nl".

--

Some loose thoughts any comments ?

--

There are basicly four scenario's that a state can follow to
regulate crypto:

 - outlaw it totally
 
This was the path Holland choose briefly. 
 
 - key depositing

This is what the US is trying to do with Clipper et al. 

 - try to develop a standart
 
This is what the US did with DES and is trying to do
now with Clipper. 
 
 - do nothing

The most prosperous scenario. Crypto use will boom, but
lawenforcement agencies will be deprived from a useful
tool, they can't bug phones any more. That will hinder 
their investigations but advancements in hardware/software  
could balance that: it is more easy to localise phonecalls,
bugging equipment has become smaller and more powerful.

Lawenforcement agencies have computerised databases that can 
link fingerprints, names etc in near "real-time". Large scale
use of crypto could balance out some of the recent advancements
in information technology that have given them a clear edge.

--
Exit! Stage Left.
Alex de Joode                                 <usura@vox.hacktic.nl>