From: John Young <jya@pipeline.com>
Date: Fri, 21 Feb 1997 05:15:13 -0800 (PST)
To: cypherpunks@toad.com
Subject: Global Encryption Policy
Message-ID: <1.5.4.32.19970221130842.006a3434@pop.pipeline.com>
MIME-Version: 1.0
Content-Type: text/plain


Mike Cobb's and Peter Gutmann's tales of mixed signals from
UK and NZ security agencies on exporting crypto demonstrate 
the same conflicting policies of their nations' governments as do
the travails of Zimmermann, Bernstein, Karn and Junger with the
USG -- lacking clear regulations, the agencies try bluff and 
obfuscation.

The US move to clarify and tighten regulations in recent ITAR and
EAR amendments surely will be emulated by other nations, as
promised by The Wassenaar Arrangement.

It is part of the major shift of responsibility for dual-use items from 
national security agencies to those handling economic security, and
the guidelines are not as black and white for commerce as they are
for state -- or at least not as yet strictly codified, regulated and enforced.

However, what is happening with crypto is happening with a wide range 
of dual-use items, as the half-century old national security policy 
undergoes a transformation into economic security policy, with
the pervasive impact on subsidiary procedures and regulations in 
security, armaments, intelligence, research, invention, manufacturing, 
law, finance, politics, education and so on.

Note that the World Trade Organization is supplanting the United Nations 
as a forum for dispute resolution (NY Times, 18 February 1997). 

For more on these State-into-Commerce policy deliberations see:

The GAO/NSIAD report "Exporting Dual-Use Items," 14 January 1997: 

   http://jya.com/9724.htm

Export Administration Regulations, with related presidential orders and 
agency rules and regulations:

   http://jya.com/eartoc.htm

Bert-Jaap's site and a 1996 State Department address on The Wassenaar 
Arrangement:

   http://jya.com/dos012396.txt

The Defense Trade News from January 1993 to October 1995
on the shift of encryption items from the USML to the CCL:

   http://jya.com/dtn0193 (+ four)

"Redefining Security," The Joint Security Commission's February 1994
report to DefSEc and DCI:

   http://jya.com/jcs.htm