From: jya@pipeline.com (John Young)
To: cypherpunks@toad.com
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UTC Datetime: 1996-06-10 18:02:40 UTC
Raw Date: Tue, 11 Jun 1996 02:02:40 +0800
From: jya@pipeline.com (John Young)
Date: Tue, 11 Jun 1996 02:02:40 +0800
To: cypherpunks@toad.com
Subject: NYT on Crypto Policy
Message-ID: <199606101036.KAA26662@pipe5.t1.usa.pipeline.com>
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The New York Times, June 10, 1996, p. A10.
The New Encryption Universe [Editorial]
The development of inexpensive computer programs and
hardware that scramble telephone calls and computer
messages to prevent eavesdropping is rapidly transforming
the world of cryptography. Once largely the domain of
governments and their intelligence services, encryption
technology is now commonly used by corporations, banks,
securities firms and individual computer operators. It is
time to revise Government encryption policy to fit this new
universe.
A panel of the National Research Council makes a convincing
case for doing just that after a careful review of
encryption issues. The panel calls on the Government to
abandon its effort to limit the development and
availability of advanced encryption technology. The Clinton
Administration has fought to preserve the Government's
ability to access commercial and individual communications
for law enforcement purposes by encouraging adoption of a
single encryption standard that Government agencies could
track and decipher if needed.
The Research Council panel leans the other way, urging the
commercial development of powerful encryption software even
though it would make wiretapping more difficult. It also
recommends that Washington ease restrictions on exports of
encryption technology.
The Government has long framed the debate over commercial
encryption around its need to fight crime through
wiretapping. The panel recognizes the usefulness of
court-authorized wiretaps. But the panel suggests that a
more important issue is the ability of the private sector
to transfer confidential financial and other data over
telecommunications pathways without interception.
The Clinton Administration wants the private sector to
adopt a type of encryption technology, known as key escrow,
that would give the Government the ability to unscramble
private phone or computer messages with court authorization
and thereby preserve its wiretap capability. But the policy
has so far failed several practical tests. The private
sector has not voluntarily adopted a Government-controlled
technology. In addition, encryption programs are already
available that allow almost anyone with a computer and
modem to work around Government-controlled technology. One
sophisticated system would allow two strangers -- people
who had swapped no private passwords -- to read each
other's encoded messages.
It seems likely that the Administration approach will not
succeed. If so, the danger is that Washington might move to
outlaw encryption technology it has not approved, a step
that would grossly violate American civil liberties. The
best way for the Government to protect its ability to
eavesdrop on domestic and foreign criminals is to stay
technically ahead of them. The panel recommends vigorous
Government research programs to that end.
The Research Council group would permit American computer
companies to export more powerful encryption software than
currently permitted. Foreigners already have access to
encryption systems that are more powerful than those
American companies are allowed to sell. The export
restrictions do nothing to keep encryption software out of
the hands of criminals and hostile governments, but
needlessly drive American exports out of foreign markets.
The panel's conclusions are especially credible because its
membership was not tilted against the Government. The
16-member panel was led by Kenneth Dam, a former Deputy
Secretary of State, and included Benjamin Civiletti, a
former Attorney General, and Ann Caracristi, a former
deputy director of the National Security Agency. The
Clinton Administration should take notice. It needs a new
encryption policy.
--
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