From: Duncan Frissell <frissell@panix.com>
Date: Mon, 11 Sep 95 09:58:16 PDT
To: cypherpunks@toad.com
Subject: Re: NYT on GAK
Message-ID: <199509111516.LAA11450@panix.com>
MIME-Version: 1.0
Content-Type: text/plain


>   "If this fails," said a figure familiar with the
>   Administration's thinking on the proposed change in
>   cryptographic policy, "it's going to lead to a very
>   divisive debate. And the irony, for libertarians who oppose
>   key escrow, is that if it fails, I am convinced that Louis
>   Freeh cannot be true to his job without proposing domestic
>   controls on data encryption."
>
>   "He's not going to give up without a fight, and neither is
>   the Justice Department," said the figure, who spoke on the
>   condition he not be identified.

It worked during WWII but will it work now?  After all, locking up Japanese
Americans worked during WWII, but would not work now.

Note that the NSA abandoned their "born secret" stance on cryptographic
technology when it became impossible to sustain.  And when R, S, & A
together with MIT decided to publish "A Proposal for a Public Key Encryption
System" in spite of NSA threats, the Agency folded.  That represented a
genuine surrender.

We'll see if Louis has more balls than the NSA did.  Widespread resistance
is likely.  Court tests will be entertaining.

At this point in the discussion, someone always pipes up and says that even
if cypherpunks fail to obey a crypto ban, businesses will fall into line
like the good sheep they are.  This prediction ignores some important facts
about modern businesses.  First, many small businesses already routinely
ignore government mandates in hiring, the use of independent contractors,
environmental regulation, and taxation.  These entities can be counted upon
to resist crypto controls as well (if they feel like using crypto0.  Second,
a growing number of businesses are headed by explicit libertarians or right
wing nuts.  These people have already engaged in a lot of resistance to
crypto regulation and can be counted on for more resistance.  Additionally,
if strong crypto confers a competitive advantage on users, use will be
encouraged.

Does anyone have a handle on exactly how a crypto ban would be carried out.
would regulation (if so, which ones) or legislation be used?  The exact
details will make a big difference in considering avoidance strategies. 

DCF

"Blatant Advertisement --- If anyone needs someone to string 'words in a
line' for them, my services are available."