From: Declan McCullagh <declan@well.com>
Date: Wed, 16 Jul 1997 00:08:27 +0800
To: cypherpunks@toad.com
Subject: Australia's restricted Walsh crypto-report attracts interest
Message-ID: <Pine.GSO.3.95.970715085322.2798G-100000@well.com>
MIME-Version: 1.0
Content-Type: text/plain





---------- Forwarded message ----------
Date: Tue, 15 Jul 1997 08:52:51 -0700 (PDT)
From: Declan McCullagh <declan@well.com>
To: fight-censorship-announce@vorlon.mit.edu
Subject: Australia's restricted Walsh crypto-report attracts interest

The report's at:
  http://www.efa.org.au/Issues/Crypto/Walsh/

Also, I understand from participants in the Canberra meeting that U.S. 
performance there was lackluster at best. 

-Declan

*********

http://www.australian.aust.com/computer/fulltext/c0715d.htm

Censored report on the Web 
By STEVE CREEDY 
   
   July 15: The encryption report the Federal Government did not want
   Australians to read is already attracting overseas interest after just
   one week on the Web.
   
   A censored version of the Walsh Report on cryptography was obtained
   under the Freedom of Information Act and has been posted online by
   Electronic Frontiers Australia.
   
   The report, originally slated to be published earlier this year, had
   been withheld by federal Attorney-General Daryl Williams.
   
   EFA officials, worried the Government would formulate an encryption
   policy without debate, posted the report.
   
   The move came as international experts met in Canberra last week for
   closed-door discussions on cryptography.
   
   The report advises against major legislation to safeguard security and
   law enforcement interests.
   
   It proposes "minor legislative and other actions", including updating
   existing telecommunications and search laws, as well as a more
   co-ordinated approach by government to cryptography.
   
   It does not support US proposals for tackling the issues, including
   law to require decoding keys be stored with the Government.
   
   EFA cryptography committee chairman Greg Taylor said overseas interest
   was particularly strong from the US where there has been a
   long-standing debate on how to balance privacy, police and security
   issues when legislating on encrypted communications.
   
   Concern in Australia focused on whether the Government would present a
   cryptography policy without debate.
   
   "We're trying to make sure there is debate about all the issues and
   submissions from interested parties &#150; commercial, government and
   private interests," he said.
   
   But a spokesman for the Attorney-General said on Sunday the Government
   was formulating a policy and that there was scope for public input.
   
   "There will be, as a matter of course, some sort of announcement," he
   said. "That allows people to have input."
   
   The move to post the report was welcomed by its author, former ASIO
   deputy director-general Gerard Walsh, who said his work was for debate
   and he did not know why it had been withheld by the Attorney-General,
   who had cited "security issues".
   
   The spokesman said the document "was not suitable for discussion for
   the development of policy in the encryption area and, therefore, was
   not suitable for public release".
   
   However, Mr Walsh said he wrote two versions, one for public
   consumption and one that was "mildly classified".
   
   "Because there was going to be a public version, I did speak with
   interested parties and invited them to have a look and comment on the
   report in draft form," he said.
   
   "As I left it and as I understood it, all were content with it going
   public but someone must have had a change of heart."
   
   The version posted by EFA is the one intended for public discussion
   with an estimated 20 to 25 paragraphs deleted.
   
   Mr Taylor said it was posted with government permission.
   
   "The Attorney-General's [department] said they couldn't do much about
   it anyway," he said.
   
   The censored paragraphs fell under sections of the FOI Act relating to
   internal working documents, law enforcement issues and issues of
   national security.
   
   He did not know what was contained in the deleted paragraphs.
   
   Mr Taylor said Mr Walsh found the situation "quite laughable". The
   Walsh report was probably one of the first balanced reviews of the
   cryptography issue.
   
   "All existing reports are either prepared by government and come down
   heavily on one side, or they're prepared by groups that basically look
   at privacy," he said.
   
   "This one looks at all issues and as result of analysing them appears
   to state the whole concept of key escrow is doomed to failure."
   
   Mr Walsh concluded government should not commit to a particular
   solution because the problem itself "will continue to change".
   
   US attempts to regulate encryption &#150; including the clipper chip,
   key escrow and key management &#150; were "public relations and
   practical disasters".
   
   Blanket bans that limited access to services and equipment to achieve
   access for law enforcement agencies were not in the national interest.
   
   "I agree there is a law enforcement required access, but the way in
   which you achieved it was not to belt the little hazelnut with an
   almighty steam press that diminished everyone's freedom," he said.
   
   "Rather, the direction in which I wanted to push things was to say:
   'It would be better to slightly stiffen, strengthen and make more
   relevant those somewhat anachronistic investigative powers that
   already exist'."

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