832 lines
38 KiB
Plaintext
832 lines
38 KiB
Plaintext
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Computer underground Digest Wed Oct 2, 1996 Volume 8 : Issue 70
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ISSN 1004-042X
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Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
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News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #8.70 (Wed, Oct 2, 1996)
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File 1--Mitnick Pleads Innocent
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File 2--ELEMENTS OF THE NEW CRYPTO PROPOSAL
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File 3--White House crypto proposal -- too little, too late
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File 4--White House Statement on Return of Clipper
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File 5--Press Release in re Cleveland Crypto Challenge
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File 6--Newsnybble: GPS privacy threat
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File 7--Corrected URL for Crypt Newsletter Awards
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File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Wed, 2 Oct 1996 06:55:18 -0400 (EDT)
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From: Noah <noah@enabled.com>
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Subject: File 1--Mitnick Pleads Innocent
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From -Noah
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---------- Forwarded message ----------
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Date--Tue, 1 Oct 1996 15:20:37 -0400 (EDT)
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From--Anthony Williams <alby@UU.NET>
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Computer hacker Mitnick pleads innocent
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September 30, 1996
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Web posted at: 11:45 p.m. EDT
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LOS ANGELES (AP) -- The notorious computer hacker Kevin Mitnick pleaded
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innocent Monday to charges he mounted a multimillion-dollar crime wave
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in cyberspace during 2 1/2 years as a fugitive.
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Mitnick, 33, held without bail on a fraud conviction, told the judge
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not to bother reading the indictment, which includes 25 new counts of
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computer and wire fraud, possessing unlawful access devices, damaging
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computers and intercepting electronic messages.
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"Not guilty," Mitnick said. His indictment, handed up Friday by a
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federal grand jury, follows an investigation by a national task force
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of FBI, NASA and federal prosecutors with high-tech expertise.
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It charges Mitnick with using stolen computer passwords, damaging
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University of Southern California computers and stealing software
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valued at millions of dollars from technology companies, including
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Novell, Motorola, Nokia, Fujitsu and NEC.
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...........
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Mitnick pleaded guilty in April to a North Carolina fraud charge of
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using 15 stolen phone numbers to dial into computer databases.
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Prosecutors then dropped 22 other fraud charges but warned that new
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charges could follow.
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Mitnick also admitted violating probation for a 1988 conviction in Los
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Angeles where he served a year in jail for breaking into computers at
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Digital Equipment Corp. At 16, he served six months in a youth center
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for stealing computer manuals from a Pacific Bell switching center.
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Mitnick also got a new lawyer Monday, Donald C. Randolph, who
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represented Charles Keating Jr.'s top aide, Judy J. Wischer, in the
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Lincoln Savings swindle.
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------------------------------
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Date: Tue, 1 Oct 1996 02:02:48 -0400 (EDT)
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From: Voters Telecommunications Watch <shabbir@vtw.org>
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Subject: File 2--ELEMENTS OF THE NEW CRYPTO PROPOSAL
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VTW BillWatch #60
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VTW BillWatch: A newsletter tracking US Federal legislation
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affecting civil liberties. BillWatch is published about every
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week as long as Congress is in session. (Congress is in session)
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BillWatch is produced and published by the
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Voters Telecommunications Watch (vtw@vtw.org)
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Issue #60, Date: Tue Oct 1 01:59:19 EDT 1996
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Do not remove this banner. See distribution instructions at the end.
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----------------------------------------------
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ELEMENTS OF THE NEW CRYPTO PROPOSAL
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Strap yourself in, friends. The White House is at it again.
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On Thursday October 3, the White House will unveil it's long-dreaded
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encryption proposal. The cause of some significant consternation among
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Administration staffers, the proposal has been so long in coming that
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Justice officials attending hearings last week on H.R. 3011 were visibly
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annoyed at being left to twist in the wind.
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Leaks abound right before a big announcement like this, but this time
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everyone with a copy of the proposal has kept mum these last few days.
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However the press has caught bits and pieces of it which we've collected
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for you here. If you're an absolute crypto-media-hound, this may not be
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news to you.
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MOVE OF EXPORT APPROVALS FROM STATE TO COMMERCE, FBI VETO POWER
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For years, companies have attempted to get their encryption products
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through an easier, more lenient export process in the Department of
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Commerce, instead of State. Approval in Commerce goes quickly, and
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the hurdles are less formidable. Clearly, this should be a good thing.
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However the deal that's been floating around for several weeks now is
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that this move will not be this easy. The Department of Justice,
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(or as Brock Meeks translates, the FBI) wants a seat at the table. In
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effect, they want veto power over export applications. The assumption
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is that they feel they can influence the domestic encryption market to
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integrate Clipper-style key escrow technology by simply refusing the
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export of any strong encryption products that might have previously been
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approved in State.
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This is bad news for companies that have no customer base demanding
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government-friendly key escrow products.
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KEY LENGTH RAISED TO 56 OR 64 BITS PROVIDED IT USES KEY ESCROW
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This aspect of the proposal looks like old news, and to a certain extent,
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it is. The Clipper II proposal suggested that the industry build hooks
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into their products so that third parties could hold your keys for you.
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Of course, that third party cannot be yourself, or anyone you would think
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of when you think of entities you trust.
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Thursday's proposal is likely to look a lot like Clipper II, and it will
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likely cite the new IBM offering, SuperCrypto, as an example of products
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that employ key escrow to allow export of products that use higher length
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keys. What isn't certain is the extent to which key lengths will be raised.
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There have been several conflicting rumors, some of them claiming 56 bits,
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others claiming 64 bits.
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More important than the question of key length will be the determination of
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which companies are allowed to hold their own keys. This author predicts
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that the only entities that will be allowed to hold keys will be: a gov't
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agency (such as NIST), the maker of the encryption product itself, or
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large companies that have the significant resources to run a key recovery
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center. In all cases, the key recovery centers will still need to be
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seperate entities that will dole out keys to law enforcement without the
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knowledge of the key's owner.
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In other words, you as an individual or small business are still out of luck.
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PROBABLY NOT IN PLAN: KEY LENGTH RAISED TO 56 BITS WITHOUT KEY ESCROW
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It has long been rumored that the avalanche of proof provided by the industry
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experts would eventually force the Administration to raise the key length
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for which unescrowed encryption products could be exported. Currently,
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this limit is 40 bits, but several rumors floated and died within the
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last few weeks suggesting that the Administration would be raising the
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key length. It now looks like those were indeed just rumors.
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SUMMARY
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Most of these measures, if not all of them, can be implemented
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administratively removing the need for Congress to get involved. However
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Congress has already staked out its turf on this issue, and isn't likely
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to cede that any time soon. Keep an eye out for the reactions from sponsors
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of S.1726 (Pro-CODE) and HR 3011 on the feasibility White House proposal.
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------------------------------
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Date: Tue, 1 Oct 1996 14:56:21 -0700 (PDT)
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From: Declan McCullagh <declan@well.com>
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Subject: File 3--White House crypto proposal -- too little, too late
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I just got back from the White House, where Gore's office held a
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roundtable plugging the administration's long-awaited and already
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widely-derided Return of Clipper proposal.
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Gore announced that jurisdiction over crypto exports would move to the
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Commerce Dept; that the export embargo on 56-bit DES would be lifted
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in part for two years only; that to be approved for export firms must
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submit a detailed proposal describing how they will move towards key
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escrow; that the new regulations would go into effect on January 1.
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The true problem with this plan is that 56-bit DES is woefully
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inadequate. But much of the media coverage I've read of the plan
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doesn't even mention that. Take Elizabeth Corcoran's article, which
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ran above the fold on the front page in today's Washington Post. (It's
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what almost certainly prompted Gore's office to move the announcement
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to today rather than hold it later this week.)
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The thrust of the article is that the administration's new proposal
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balances the needs of privacy, business, and law enforcement. But it
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doesn't. The Feds, foreign governments, and determined attackers can
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crack anything encrypted with 56-bit DES -- the strongest crypto that
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can be exported under the plan. This vital fact appears nowhere in the
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Post article.
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That's why Bruce Schneier, author of Applied Cryptography, recommends
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against using DES in favor of a more secure algorithm. According to
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Schneier: "A brute-force DES-cracking machine [designed by Michael
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Wiener] that can find a key in an average of 3.5 hours cost only $1
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million in 1993."
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More recently, in January 1996 an ad hoc group of renowned
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cryptographers including Matt Blaze, Whitfield Diffie, Ronald Rivest
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and Schneier, released a report going even further. They said: "To
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provide adequate protection against the most serious threats -
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well-funded commercial enterprises or government intelligence agencies
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- keys used to protect data today should be at least 75 bits long. To
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protect information adequately for the next 20 years in the face of
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expected advances in computing power, keys in newly-deployed systems
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should be at least 90 bits long."
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What's even more disturbing is what the administration might do
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next. After the roundtable broke up, I chatted with Michael Vadis, one
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of the assistant deputy attorneys general who oversees national
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security issues. He said an international consensus is forming that
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terrorists can use crypto; therefore crypto must be controlled. The
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U.S. is certainly pushing this line at the OECD talks.
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"But it just takes one country to decide to export strong crypto," I said.
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"You're missing something," said Vadis.
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"What?" I asked. "Unless you're talking about import restrictions."
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"Exactly," he said.
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-Declan
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*******
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Some background:
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Linkname: Brock Meeks on White House plan -- 6 Sep 96
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Filename: http://www.muckraker.com/muckraker/96/36/index4a.html
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********
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http://www.washingtonpost.com/wp-srv/WPlate/1996-10/01/041L-100196-idx.html
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U.S. TO EASE ENCRYPTION RESTRICTIONS
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Privacy Advocates Wary of Proposal For Software Exports
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By Elizabeth Corcoran
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Washington Post Staff Writer
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Tuesday, October 1 1996; Page A01
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The Washington Post
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The Clinton administration is cutting off an emotional four-year-old
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debate with the computer industry over the export of
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information-scrambling technology with a plan that it says will help
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U.S. companies boost sales overseas and still allow law enforcement
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agencies to unscramble messages, officials said yesterday.
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President Clinton has decided to sign an executive order that changes
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the rules restricting the overseas sale of the technology, the
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officials said. Although the full details of the plan had yet to be
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revealed, privacy advocates and some industry executives contended
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that it would be difficult to put into practice.
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Under current rules, companies can sell only relatively easy-to-crack
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scrambling technology. Under the plan, they would get permission to
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export somewhat more sophisticated versions of the software and
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hardware, which prevents eavesdroppers from looking at information.
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The issue has caused enormous friction between the government and
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computer industry and privacy groups, which contend that keeping any
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restrictions in place will harm the protection of personal information
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everywhere and slow the development of on-line commerce, which relies
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on keeping credit card numbers and other sensitive information secure.
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The administration counters that it has come a long way in meeting
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such objections. However, last night some companies and privacy
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advocates were still worried that the constraints will leave U.S.
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companies at a disadvantage abroad and will not ensure that
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individuals will be able to protect their communications.
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The government's plan preserves what has been its unnegotiable
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cornerstone since the debate began in the early day of the Clinton
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administration -- that law enforcement officials must have the means
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for peeking at encrypted information when they are properly equipped
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with court authorization.
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Earlier versions of the plan tightly limited what kinds of technology
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could be sold abroad. They also called for makers of encryption
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technology to deposit "keys" with approved third parties so that law
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enforcement authorities could decode material. The new plan doesn't
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specify who would have the keys.
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Last night, several companies, led by International Business Machines
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Corp., said they have a technical plan that they believe could comply
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with the new rules on keys.
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[...]
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Industry officials say they ultimately want to be able to use the most
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sophisticated encryption technology available. "It's really critical
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to doing business around the world," said an IBM source. "But
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governments exist. It's a balancing act . . . to satisfy the needs of
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the governments and make sure that markets and individuals trust the
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integrity of what's being sent over the networks."
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------------------------------
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Date: Tue, 1 Oct 1996 20:23:46 -0700 (PDT)
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From: Declan McCullagh <declan@well.com>
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Subject: File 4--White House Statement on Return of Clipper
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[Also at http://www.epic.org/crypto/key_escrow/clipper4_statement.html
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-Declan]
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THE WHITE HOUSE
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Office of the Vice President
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FOR IMMEDIATE RELEASE
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CONTACT: 456-7035
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TUESDAY, October 1, 1996
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STATEMENT OF THE VICE PRESIDENT
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President Clinton and I are committed to promoting the growth of
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electronic commerce and robust, secure communications worldwide
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while protecting the public safety and national security. To that
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end, this Administration is consulting with Congress, the
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information technology industry, state and local law enforcement
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officials, and foreign governments on a major initiative to
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liberalize export controls for commercial encryption products.
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The Administration's initiative will make it easier for Americans
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to use stronger encryption products -- whether at home or abroad
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-- to protect their privacy, intellectual property and other
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valuable information. It will support the growth of electronic
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commerce, increase the security of the global information, and
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sustain the economic competitiveness of U.S. encryption product
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manufacturers during the transition to a key management
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infrastructure.
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Under this initiative, the export of 56-bit key length encryption
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products will be permitted under a general license after one-time
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review, and contingent upon industry commitments to build and
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market future products that support key recovery. This policy
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will apply to hardware and software products. The relaxation of
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controls will last up to two years.
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The Administration's initiative recognizes that an industry-led
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technology strategy will expedite market acceptance of key
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recovery, and that the ultimate solution must be market-driven.
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Exporters of 56-bit DES or equivalent encryption products would
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make commitments to develop and sell products that support the key
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recovery system that I announced in July. That vision presumes
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that a trusted party (in some cases internal to the user's
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organization) would recover the user's confidentiality key for the
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user or for law enforcement officials acting under proper
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authority. Access to keys would be provided in accordance with
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destination country policies and bilateral understandings. No key
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length limits or algorithm restrictions will apply to exported key
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recovery products.
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Domestic use of key recovery will be voluntary, and any American
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will remain free to use any encryption system domestically.
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The temporary relaxation of controls is one part of a broader
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encryption policy initiative designed to promote electronic
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information security and public safety. For export control
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purposes, commercial encryption products will no longer be treated
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as munitions. After consultation with Congress, jurisdiction for
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commercial encryption controls will be transferred from the State
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Department to the Commerce Department. The Administration also
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will seek legislation to facilitate commercial key recovery,
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including providing penalties for improper release of keys, and
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protecting key recovery agents against liability when they
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properly release a key.
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As I announced in July, the Administration will continue to expand
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the purchase of key recovery products for U.S. government use,
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promote key recovery arrangements in bilateral and multilateral
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discussions, develop federal cryptographic and key recovery
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standards, and stimulate the development of innovative key
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recovery products and services.
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Under the relaxation, six-month general export licenses will be
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issued after one-time review, contingent on commitments from
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exporters to explicit benchmarks and milestones for developing and
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incorporating key recovery features into their products and
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services, and for building the supporting infrastructure
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internationally. Initial approval will be contingent on firms
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providing a plan for implementing key recovery. The plan will
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explain in detail the steps the applicant will take to develop,
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produce, distribute, and/or market encryption products with key
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recovery features. The specific commitments will depend on the
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applicant's line of business.
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The government will renew the licenses for additional six-month
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periods if milestones are met. Two years from now, the export of
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56-bit products that do not support key recovery will no longer be
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permitted. Currently exportable 40-bit mass market software
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products will continue to be exportable. We will continue to
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support financial institutions in their efforts to assure the
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recovery of encrypted financial information. Longer key lengths
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will continue to be approved for products dedicated to the support
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of financial applications.
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The Administration will use a formal mechanism to provide
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industry, users, state and local law enforcement, and other
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private sector representatives with the opportunity to advise on
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the future of key recovery. Topics will include:
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evaluating the developing global key recovery architecture
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assessing lessons-learned from key recovery implementation
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advising on technical confidence issues vis-a-vis access to and
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release of keys addressing interoperability and standards issues
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identifying other technical, policy, and program issues for
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governmental action.
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The Administration's initiative is broadly consistent with the
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recent recommendations of the National Research Council. It also
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addresses many of the objectives of pending Congressional
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legislation.
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------------------------------
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Date: Mon, 30 Sep 1996 19:22:52 -0400
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From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
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Subject: File 5--Press Release in re Cleveland Crypto Challenge
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Press Release
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Plaintiff Seeks Summary Judgment in Cleveland Case Challenging
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Licensing of ``Exports'' of Cryptographic Information
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Government Argues That Law Professor Cannot Challenge Regulation
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Requiring Him to Get Permission Before Teaching and Publishing
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Because He Did Not Apply for That Permission
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Oral Argument in Junger v. Christopher Set for Wednesday, November 20
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Cleveland, Ohio, Tuesday, October 1, 1996
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For Immediate Release
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For More Information Contact:
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Raymond Vasvari (216) 522-1925
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Gino Scarselli (216) 291-8601
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Or see URL: http://samsara.law.cwru.edu/comp_law/jvc/
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Cleveland, Ohio, Oct. 1 -- Lawyers for Professor Peter D. Junger today
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filed a brief and a motion for summary judgment in Junger v.
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Christopher, the case challenging the licensing of the communication of
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``cryptograhic software'' that is pending before Judge Donald C. Nugent
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in the Federal District Court here.
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Junger seeks an injunction against the enforcement of provisions of
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the International Traffic in Arms Regulations that require him to get
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the permission of the State Department's Office of Defense Trade
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Controls (the "ODTC") before he can communicate information about
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cryptographic software to foreign persons, ``whether in the United
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States or abroad.'' The penalty for failing to get such permission
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before disclosing the information can be as great as a fine of one
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million dollars and imprisonment for ten years. These provisions
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effectively prevent Junger from admitting foreign students to the
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course that he teaches about Computers and the Law at Case Western
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Reserve Law School in Cleveland, Ohio, and keep him from publishing
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his course materials and articles containing cryptographic software,
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or explaining what it does, how and where to get it, and how to use
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it.
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The challenged licensing scheme threatens the long-run viability of
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the United States software industry and, according to a blue-ribbon
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panel of the National Research Council, already costs that industry at
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least ``a few hundred million dollars per year ..., and all
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indications are that this figure will only grow in the future.'' The
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regulations have been extensively criticized by industry and bills to
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repeal or limit them are now pending in Congress.
|
|
|
|
Junger's legal challenge is not based, however, on the economic damage
|
|
that the ITAR's cryptographic licensing scheme imposes on the software
|
|
industry and the nation's economy, but rather on the unconstitutional
|
|
restraints that it imposes on anyone who wants to speak or write
|
|
publically about any computer program that has, in the words of the
|
|
ITAR, the ``capability of maintaining secrecy or confidentiality of
|
|
information or information systems.'' Junger does not challenge the
|
|
constitutionality of requiring one to get a license before exporting a
|
|
physical cryptographic device: ``It isn't unconstitutional for the
|
|
Office of Defense Trade Controls to damage the computer industry and
|
|
our economy by requiring export licenses for cryptographic hardware,
|
|
but information about cryptographic software is, as the National
|
|
Research Council has pointed out, `pure knowledge that can be
|
|
transported over national borders inside the heads of people or via
|
|
letter.' Requiring the permission of the government before one can
|
|
communicate knowledge is unconstitutional. Such a prior restraint is,
|
|
in fact, the paradigmatic example of a violation of the First
|
|
Amendment.''
|
|
|
|
|
|
THE GOVERNMENT ARGUES THAT PLAINTIFF MUST APPLY FOR PERMISSION
|
|
TO SPEAK BEFORE HE CAN CHALLENGE THE REQUIREMENT
|
|
THAT HE APPLY FOR SUCH PERMISSION
|
|
|
|
In motions and briefs submitted August 21st, the government has asked
|
|
the court to dismiss the lawsuit, or in the alternative, to grant the
|
|
government judgment prior to trial.
|
|
|
|
The government makes the initial argument that Junger lacks standing
|
|
to claim that the provisions of the ITAR requiring him to get a formal
|
|
license or other permission from the ODTC before he publically
|
|
communicates information about cryptographic software, including the
|
|
contents of the software itself, are unconstitutional. And it also
|
|
argues that that claim is neither ``ripe'' nor ``colorable'', because
|
|
Junger has not applied to the ODTC for such permission.
|
|
|
|
Junger takes the position that as a law teacher who venerates the
|
|
First Amendment it would be as improper for him to request the federal
|
|
censors for permission to speak and publish as it would be for him
|
|
openly violate the law. As he puts it: ``My duty is to challenge
|
|
these unconstitutional regulations, not to give in to them nor to
|
|
violate them in an act of civil disobedience.'' His lawyers point out
|
|
in their briefs that few propositions of constitutional law are better
|
|
established than the rule that a plaintiff does not have to submit to
|
|
an unconstitutional restraint on speech and on the press before
|
|
challenging it in court.
|
|
|
|
``Those arguments by the government are rather strange,'' says Gino
|
|
J. Scarselli, one of Junger's lawyers, ``they seem to be based on
|
|
their argument that cryptographic software is actually hardware
|
|
because it is functional.'' And then he adds, ``Of course, that
|
|
argument is also rather strange.''
|
|
|
|
|
|
THE GOVERNMENT ARGUES THAT SOME OF THE MATERIAL AT ISSUE
|
|
IS EXEMPT UNDER THE ITAR
|
|
|
|
The government also contends that some of the information at issue may
|
|
be exempt from the ITAR's licensing requirements as technical data
|
|
that is in the ``public domain'' because it is available to the public
|
|
through ``fundamental research in science and engineering'' or through
|
|
``sales at newsstands and bookstores.''
|
|
|
|
``That hardly is a defense,'' says Scarselli, ``since it is quite
|
|
clear that the government will not concede that all of the information
|
|
that Professor Junger wants to be able publish and discuss is in the
|
|
public domain. And to make matters worse, the only way that Professor
|
|
Junger can actually find out whether the government will treat
|
|
particular information as being exempt from the formal licensing
|
|
requirements is to apply to the ODTC for it calls a Commodity
|
|
Jurisdiction Determination, which in reality is just another form of
|
|
license.''
|
|
|
|
``It is not as if I am engaged in fundamental research in science and
|
|
engineering.'' Junger adds. ``What I want to publish and discuss has
|
|
to do with the political and legal issues that are raised by computer
|
|
technology, including, of course, cryptography.
|
|
|
|
``For just one example, since lawyers have a legal and ethical duty to
|
|
protect the confidences of their clients, I am convinced that lawyers
|
|
who use electronic mail or other computer technologies to communicate
|
|
with their clients, or to store information supplied by their clients,
|
|
are in some circumstances ethically, and perhaps even legally,
|
|
required to use cryptography to maintain the confidentiality of that
|
|
information. And yet I cannot publically explain to law students and
|
|
lawyers--and lawyers cannot publically explain to their clients--how
|
|
to obtain and use effective cryptographic software without first
|
|
getting the government's permission to disclose that information.
|
|
And, of course, if the cryptographic software really is effective,
|
|
then there is little or no chance that the government will permit its
|
|
disclosure.''
|
|
|
|
|
|
THE GOVERNMENT ARGUES THAT CRYPTOGRAPHIC SOFTWARE
|
|
IS NOT PROTECTED BY THE FIRST AMENDMENT
|
|
BECAUSE IT IS FUNCTIONAL
|
|
|
|
There is no law in the United States that forbids or regulates the use
|
|
of cryptography. Yet the government argues that the information in
|
|
texts containing cryptographic software, including recipes for
|
|
creating such software, can be used in a computer to preserve secrecy
|
|
and confidentiality, and concludes that cryptographic software is
|
|
``conduct'' and ``functional'' and is thus not a text that is
|
|
constitutionally protected as speech.
|
|
|
|
Junger's lawyers, on the other hand, say that his claims do not relate
|
|
to the conduct of running a cryptographic program on a
|
|
computer--conduct that is not regulated by the ITAR, after all--and
|
|
that he only challenges the restraints that the ITAR impose on the
|
|
communication of information about how to carry on such legal conduct.
|
|
|
|
``Expressive conduct is exactly what is protected by the First
|
|
Amendment,'' says Raymond Vasvari, another of Junger's lawyers. ``And
|
|
if that expression were not functional, if it were not effective,
|
|
there would be no need to protect it. The government's argument turns
|
|
two hundred years of First Amendment jurisprudence on its head.''
|
|
|
|
``The government's arguments about software being conduct and
|
|
functional are striking examples of the sort of confusion that
|
|
pervades the whole area of Computers and the Law,'' Junger says.
|
|
``Trying to clear up such confusion is my major goal in my course in
|
|
Computers and the Law. In fact, when I started teaching that course
|
|
in 1993, I wrote some cryptographic software to assist my students in
|
|
grasping the distinction between software as a text that can be
|
|
communicated, and that is protected by copyright law and the First
|
|
Amendment, and software as a process that runs in a computer's central
|
|
processor that can be protected by patents, but not by copyrights. If
|
|
it weren't so frustrating, it would almost be funny that I cannot
|
|
publish that software because of the prior restraints imposed by the
|
|
defendants' interpretation of the ITAR, even though it is perfectly
|
|
legal for me, or for any one else, including `foreign persons,' to
|
|
actually run such software on a computer. The government's confusion
|
|
is so extensive that an agent of the ODTC has actually told me that
|
|
software, cryptographic software, is actually hardware.''
|
|
|
|
``It is quite clear to me,'' Junger adds, ``that the State Department
|
|
and the National Security Agency and other elements in the executive
|
|
branch of the government are attempting to restrain the communication
|
|
of information about cryptographic software not only abroad, but also
|
|
within the United States, because they do not want us actually to be
|
|
able to use cryptography to preserve the privacy of our thoughts and
|
|
our communications. It is as if the government required one to get a
|
|
license before explaining how to make or use an envelope, even though
|
|
it did not forbid the use of envelopes themselves. After all, all
|
|
that cryptographic software is is a way of making electronic
|
|
envelopes.''
|
|
|
|
ORAL ARGUMENT SCHEDULED
|
|
|
|
Junger v. Christopher has been placed on a fast track by Judge Nugent.
|
|
On September 5 he established a briefing schedule: the plaintiff's
|
|
brief was due and was filed today and the government's response is due
|
|
on Friday, October 18.
|
|
|
|
Oral argument is scheduled for Wednesday, November 20.
|
|
|
|
Judge Nugent's decision is expected before the first of the year.
|
|
|
|
|
|
BACKGROUND ON THE LITIGATION
|
|
|
|
Litigation is expensive. Professor Junger and his volunteer lawyers
|
|
were only able to bring the suit because of a generous gift by an
|
|
anonymous donor of $5,000 that was used to create the ITAR Legal
|
|
Attack Fund. Additional donations by Professor Junger and others have
|
|
increased that fund to more than seven thousand dollars.
|
|
|
|
Scarselli and Vasvari are lawyers in private practice in Cleveland who
|
|
have dedicated much of their professional lives to the protection of
|
|
First Amendment freedoms. The third lawyer on the team is Kevin
|
|
O'Neill, a law professor at Cleveland State University and the former
|
|
legal director of the Ohio Chapter of the American Civil Liberties
|
|
Union.
|
|
|
|
--30--
|
|
|
|
--
|
|
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
|
|
Internet: junger@pdj2-ra.f-remote.cwru.edu junger@samsara.law.cwru.edu
|
|
URL: http://samsara.law.cwru.edu
|
|
|
|
------------------------------
|
|
|
|
Date: Tue, 1 Oct 1996 13:04:42 -0700 (PDT)
|
|
From: Stanton McCandlish <mech@EFF.ORG>
|
|
Subject: File 6--Newsnybble: GPS privacy threat
|
|
|
|
Excerpt from Innovation (business-oriented version of Edupage):
|
|
|
|
MORE USES FOR GPS TECHNOLOGY
|
|
Global positioning satellite technology is finding its way into new
|
|
products that are smarter and more functional than their previous
|
|
"dumb" counterparts, says the founder of Sirf Technology, which
|
|
designs tiny GPS chipsets that can go almost anywhere. For
|
|
instance, by teaming up low-cost GPS with a wireless link, "you
|
|
could have a watch with a personal tracking system. And because GPS
|
|
satellites have atomic clocks, these would be very accurate watches.
|
|
Also you would never have to set it for time zones, because it
|
|
automatically knows where you are. A GPS device could be provided
|
|
to visitors at theme parks... to guide them through the park and
|
|
include information about the rides. And there's no reason why a
|
|
portable computer can't become a locating device. You could just
|
|
add the GPS capability as a PCMCIA card or include it on the
|
|
motherboard. Then you could location-lock your PC. If it's moved
|
|
from a certain location, it will not work." (Interview with Kanwar
|
|
Chadha, Investor's Business Daily 26 Sep 96 A8)
|
|
|
|
[The privacy risks here should be immediately apparent, esp. given
|
|
the FBI's recent attempt to turn all cell phones into surveillance
|
|
devices.]
|
|
|
|
------------------------------
|
|
|
|
Date: 02 Oct 96 15:40:58 EDT
|
|
From: "George C. Smith" <76711.2631@CompuServe.COM>
|
|
Subject: File 7--Corrected URL for Crypt Newsletter Awards
|
|
|
|
((MODERATORS' NOTE: In the last issue, the URL for information
|
|
on Crypt's "virus hype" contest. Here is the updated announcement
|
|
with the corrected URL))
|
|
|
|
==============================================================
|
|
|
|
Crypt Newsletter and Computer Virus Myths guru Rob Rosenberger
|
|
have put their heads together to comb the media for
|
|
computer virus stories that have contributed the most to
|
|
computer virus misinformation and confusion in 1996. Once they've
|
|
been compiled, we'll put them on display along with analyses of their
|
|
impact and faults and throw the nominees open to Netizens for their
|
|
votes on which are the best, or worst, depending on your point
|
|
of view.
|
|
|
|
Rob has puckishly named the contest the 1996 John McAfee Awards
|
|
after the 1992 watershed event of Michelangelo hype that catapulted
|
|
the anti-virus software developer to fame and fortune -- his
|
|
former company to a dominant position in the anti-virus industry.
|
|
|
|
But we want this to be an exercise in extending computer literacy
|
|
and to that end we intend to give away some prizes -- namely books!
|
|
Here's where you -- authors, publishers, the pure of heart and
|
|
philanthropic -- come in. Contribute one book on computer security,
|
|
computer viruses or reality and culture in cyberspace and we'll be
|
|
forever in your debt. You'll get publicity when we mention your
|
|
philanthropy and book during the nominations, voting and awards
|
|
ceremony. Plus you'll have the satisfaction of knowing your book
|
|
is going to be placed directly into the hands of someone in the media
|
|
who needs it the most!
|
|
|
|
To contribute a book, contact me or Rob Rosenberger.
|
|
|
|
George Smith: crypt@sun.soci.niu.edu
|
|
Rob Rosenberger: us@kumite.com
|
|
|
|
In late October we'll publicize the nominees and the prizes so the
|
|
voting can begin. Watch this space for further details.
|
|
|
|
Computer Virus Myths
|
|
http://www.kumite.com/myths
|
|
Crypt Newsletter
|
|
http://www.soci.niu.edu/~crypt
|
|
|
|
Postscript: Already in the prize pot are "Bandits on the Information
|
|
Superhighway" by Dan Barrett, "Masters of Deception: The Gang That
|
|
Ruled Cyberspace" by Michelle Slatalla & Joshua Quittner and
|
|
"The NCSA Guide to PC and LAN Security" by Stephen Cobb. Profuse
|
|
thanks to the parties involved.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 21 Mar 1996 22:51:01 CST
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
|
available at no cost electronically.
|
|
|
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
|
|
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Or, to subscribe, send post with this in the "Subject:: line:
|
|
|
|
SUBSCRIBE CU-DIGEST
|
|
Send the message to: cu-digest-request@weber.ucsd.edu
|
|
|
|
DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS.
|
|
|
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
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60115, USA.
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|
|
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To UNSUB, send a one-line message: UNSUB CU-DIGEST
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Send it to CU-DIGEST-REQUEST@WEBER.UCSD.EDU
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(NOTE: The address you unsub must correspond to your From: line)
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
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and on Rune Stone BBS (IIRGWHQ) (860)-585-9638.
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CuD is also available via Fidonet File Request from
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UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/CuD
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EUROPE: nic.funet.fi in pub/doc/CuD/CuD/ (Finland)
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The most recent issues of CuD can be obtained from the
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Cu Digest WWW site at:
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URL: http://www.soci.niu.edu/~cudigest/
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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they should be contacted for reprint permission. It is assumed that
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #8.70
|
|
************************************
|
|
|