854 lines
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854 lines
37 KiB
Plaintext
Date: Sat, 5 Feb 94 19:16:10 PST
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Reply-To: <surfpunk@versant.com>
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Return-Path: <cocot@versant.com>
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Message-ID: <surfpunk-0103@SURFPUNK.Technical.Journal>
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Mime-Version: 1.0
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Content-Type: text/plain
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From: surfpunk@versant.com (gur Obfavn bs Gryrpbzzhavpngvbaf)
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To: surfpunk@versant.com (SURFPUNK Technical Journal)
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Subject: [surfpunk-0103] ESCROW: The Bosnia of Telecommunications
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# [wrt Mitch Kabor and the Electronic Frontier Foundation]
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#
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# "The foundation promotes the hope of cheap, easy
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# and equal access to a data highway constructed
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# along the lines of the Internet, the impromptu net-
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# work of 1.3 million computers in 40 countries that
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# allows roughly 30 million people to talk to one
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# another, read E-mail, post messages, download texts
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# (from the Library of Congress as well as from most
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# university libraries), play chess, conduct symposia,
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# organize political rallies, tell jokes -- all with-
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# out having to pay tolls, receive authorization, sub-
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# mit a financial statement, or prove that they don't
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# smoke."
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#
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# Lewis Latham writing in the January 1994
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# issue of Harper's Magazine
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#
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######################################
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We heard too little for too long. It seemed that Clipper was
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losing steam. Industry has not been thrilled with the idea,
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more and more major software companies are deploying non-Escrowed
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RSA encryption in consumer products, comments received by NIST
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ran like two-hundred-something to one against, Clipper was
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widely criticized and parodied, people behind it were demoted, etc.
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This batch of press releases makes it look to me like the Clinton
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Administration is really determined to push it through. Bad News.
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Some personal news: I've got my sun3 at home up and running live on
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the Internet via The Little Garden (you remember the blurb we
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surfpunked back in december) and I've almost got DNS working and its
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domain name registered. I've been putting time into this and also into
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writing cryptographic tools. I got my licensed copy of PGP from
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ViaCrypt but still need a DOS box or emulator of my own to run it on.
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(Call ViaCrypt in Phoenix AZ to order yours.) I'll continue
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publishing Surfpunk as interesting material appears, but I'm not
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scouring the net myself these days as much as I used to, and I just
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haven't found that much I thought interesting enough to qualify for
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Surfpunk. We'll probably continue to be low-volume for a while -- but
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you probably get enough junk in the mail already, right? strick
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________________________________________________________________________
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________________________________________________________________________
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From: Stanton McCandlish <mech>
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Subject: Alert--Admin. names escrow agents, no compromise on Clipper - 7 files
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EFF Press Release 04/04/94 * DISTRIBUTE WIDELY *
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At two briefings, Feb. 4, 1994, the Clinton Administration and various
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agencies gave statements before a Congressional committee, and later
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representatives of civil liberties organizations, industry spokespersons
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and privacy advocates. The Electronic Frontier Foundation's position,
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based on what we have seen and heard from the Administration today, is
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that the White House is set on a course that pursues Cold War national
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security and law enforcement interests to the detriment of individual
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privacy and civil liberties.
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The news is grim. The Administration is:
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* not backing down on Clipper
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* not backing down on key escrow
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* not backing down on selection of escrow agents
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* already adamant on escrowed key access procedures
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* not willing to elminate ITAR restrictions
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* hiding behind exaggerated threats of "drug dealers" and "terrorists"
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The material released to the industry and advocacy version of the briefing
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have been placed online at ftp.eff.org (long before their online
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availability from goverment access sites, one might add). See below for
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specific details.
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No information regarding the Congressional committee version of the briefing
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has been announced. EFF Director Jerry Berman, who attended the private
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sector meeting, reported the following:
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"The White House and other officials briefed industry on its Clipper chip
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and encryption review. While the review is not yet complete, they have
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reached several policy conclusions. First, Clipper will be proposed as
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a new Federal Information Processing Standard (FIPS) next Wednesday. [Feb.
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9] It will be "vountary" for government agencies and the private sector
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to use. They are actively asking other vendors to jump in to make the
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market a Clipper market. Export licensing processes will be speeded up but
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export restrictions will not be lifted in the interests of national
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security. The reason was stated bluntly at the briefing : to frustrate
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competition with clipper by other powerful encryption schemes by making
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them difficult to market, and to "prevent" strong encryption from leaving
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the country thus supposedly making the job of law enforcement and
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intelligence more difficult. Again in the interest of national security. Of
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course, Clipper will be exportable but they would not comment on how other
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governments will view this. Treasury and NIST will be the escrow agents
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and Justice asserted that there was no necessity for legislation to
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implement the escrow procedures.
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"I asked if there would be a report to explain the rationale for choosing
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these results - we have no explanation of the Administration's thinking, or
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any brief in support of the results. They replied that there would be no
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report because they have been unable to write one, due to the complexity of
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the issue.
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"One Administation spokesperson said this was the Bosnia of
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Telecommunications. I asked, if this was so, how, in the absense of some
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policy explanation, could we know if our policy here will be as successful
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as our policy in Bosnia?"
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The announcements, authorization procedures for release of escrowed keys,
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and q-and-a documents from the private sector briefing are online at EFF.
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They are:
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"Statement of the [White House] Press Secretary" [White House]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/wh_press_secy.statement
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"Statement of the Vice President" [very short - WH]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/gore_crypto.statement
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"Attorney General Makes Key Escrow Encryption Announcements" [Dept. of Just.]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/reno_key_escrow.statement
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"Authorization Procedures for Release pf Emcryption Key Components in
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Conjunction with Intercepts Pursuant to Title III/State Statutes/FISA"
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[3 docs. in one file - DoJ]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/doj_escrow_intercept.rules
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"Working Group on Data Security" [WH]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/interagency_workgroup.announce
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"Statement of Dr. Martha Harris Dep. Asst. Secy. of State for Polit.-Mil.
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Affairs: Encryption - Export Control Reform" [Dept. of State]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/harris_export.statement
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"Questions and Answers about the Clinton Administration's Encryption
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Policy" [WH]
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file://ftp.eff.org/pub/EFF/Policy/Crypto/wh_crypto.q-a
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These files are available via anonymous ftp, or via WWW at:
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http://www.eff.org/ in the "EFF ftp site" menu off the front page.
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Gopher access:
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gopher://gopher.eff.org/
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Look in "EFF Files"/"Papers and Testimony"/"Crypto"
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All 7 of these documents will be posted widely on the net immediately
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following this notice.
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--
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Stanton McCandlish * mech@eff.org * Electronic Frontier Found. OnlineActivist
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F O R M O R E I N F O, E - M A I L T O: I N F O @ E F F . O R G
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O P E N P L A T F O R M O N L I N E R I G H T S
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V I R T U A L C U L T U R E C R Y P T O
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________________________________________________________________________
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THE WHITE HOUSE
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OFFICE OF THE VICE PRESIDENT
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EMBARGOED UNTIL, 3: 00 PM EST CONTACT: 202/456-7035
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February 4, 1994
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STATEMENT OF THE VICE PRESIDENT
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Today's announcements on encryption represent important steps in
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the implementation of the Administration's policy on this critical
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issue. Our policy is designed to provide better encryption to
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individuals and businesses while ensuring that the needs of law
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enforcement and national security are met.
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Encryption is a law and order issue since it can be used by criminals
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to thwart wiretaps and avoid detection and prosecution. It also has
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huge strategic value. Encryption technology and cryptoanalysis
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turned the tide in the Pacific and elsewhere during World War II.
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[end of statement]
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________________________________________________________________________
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Department of Justice
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EMBARGOED FOR 3 P.M. RELEASE AG
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FRIDAY, FEBRUARY 4, 1994 (202) 616-2771
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ATTORNEY GENERAL MAKES KEY ESCROW ENCRYPTION ANNOUNCEMENTS
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Attorney General Janet Reno today announced selection of the two
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U.S. Government entities that will hold the escrowed key
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components for encryption using the key escrow encryption method.
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At the same time, the Attorney General made public procedures
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under which encryption key components will be released to
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government agencies for decrypting communications subject to
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lawful wiretaps.
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Key Escrow Encryption (formerly referred to as Clipper Chip )
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strikes an excellent balance between protection of communications
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privacy and protection of society. It permits the use in
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commercial telecommunications products of chips that provide
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extremely strong encryption, but can be decrypted, when necessary,
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by government agencies conducting legally authorized wiretaps.
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Decryption is accomplished by use of keys--80-bit binary numbers--
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that are unique to each individual encryption chip. Each unique
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key is in turn split into two components, which must be recombined
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in order to decrypt communications. Knowing one component does not
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make decryption any more feasible than not knowing either one.
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The two escrow agents are the National Institute of Standards and
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Technology (NIST), a part of the Department of Commerce, and the
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Automated Systems Division of the Department of the Treasury. The
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two escrow agents were chosen because of their abilities to
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safeguard sensitive information, while at the same time being able
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to respond in a timely fashion when wiretaps encounter encrypted
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communications. In addition, NIST is responsible for establishing
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standards for protection of sensitive, unclassified information in
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Federal computer systems.
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The escrow agents will act under strict procedures, which are
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being made public today, that will ensure the security of the key
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components and govern their release for use in conjunction with
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lawful wiretaps. They will be responsible for holding the key
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components: for each chip, one agent will hold one of the key
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components, and the second agent will hold the other. Neither will
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release a key component, except to a government agency with a
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requirement to obtain it in connection with a lawfully authorized
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wiretap. The system does not change the rules under which
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government agencies are authorized to conduct wiretaps.
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When an authorized government agency encounters suspected key-
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escrow encryption, a written request will have to be submitted to
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the two escrow agents. The request will, among other things, have
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to identify the responsible agency and the individuals involved;
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certify that the agency is involved in a lawfully authorized
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wiretap; specify the wiretap's source of authorization and its
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duration; and specify the serial number of the key-escrow
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encryption chip being used. In every case, an attorney involved in
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the investigation will have to provide the escrow agents assurance
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that a validly authorized wiretap is being conducted.
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Upon receipt of a proper request, the escrow agents will transmit
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their respective key components to the appropriate agency. The
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components will be combined within a decrypt device, which only
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then will be able to decrypt communications protected by key-
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escrow encryption. When the wiretap authorization ends, the device
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s ability to decrypt communications using that particular chip
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will also be ended.
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The Department of Justice will, at the various stages of the
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process, take steps to monitor compliance with the procedures.
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________________________________________________________________________
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>From the White House
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Embargoed until 3:00 p.m. EST Feb. 4, 1994
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QUESTIONS AND ANSWERS ABOUT THE
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CLINTON ADMINISTRATION'S ENCRYPTION POLICY
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Q. What were the findings of the encryption technology review?
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A. The review confirmed that sound encryption technology is
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needed to help ensure that digital information in both computer
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and telecommunications systems is protected against unauthorized
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disclosure or tampering. It also verified the importance of
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preserving the ability of law enforcement to understand encrypted
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communications when conducting authorized wiretaps. Key escrow
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technology meets these objectives.
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Specific decisions were made to enable federal agencies and the
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private sector to use the key escrow technology on a voluntary
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basis and to allow the export of key escrow encryption products.
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In addition, the Department of State will streamline export
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licensing procedures for products that can be exported under
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current regulations in order to help U.S. companies to sell their
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products abroad.
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To meet the critical need for ways to verify the author and sender
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of an electronic message -- something that is crucial to business
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applications for the National Information Infrastructure -- the
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federal government is committed to ensuring the availability of a
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royalty-free, public-domain Digital Signature Standard.
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Finally, an interagency working group has been established to
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continue to address these issues and to maintain a dialogue with
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industry and public interest groups.
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Q. Who has been consulted during this review? The Congress?
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Industry? What mechanism is there for continuing consultation?
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A. Following the President's directive announced on April 16,
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1993, extensive discussions have been held with Congress,
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industry, and privacy rights groups on encryption issues. Formal
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public comment was solicited on the Escrowed Encryption Standard
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and on a wide variety of issues related to the review through the
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Computer System Security and Privacy Advisory Board.
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The White House Office of Science and Technology Policy and the
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National Security Council will chair the interagency working
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group. The group will seek input from the private sector both
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informally and through several existing advisory committees. It
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also will work closely with the Information Policy Committee of
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the Information Infrastructure Task Force, which is responsible
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for coordinating Administration telecommunications and information
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policy.
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Q. If national security and law enforcement interests require
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continued export controls of encryption, what specific benefits
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can U.S. encryption manufacturers expect?
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A. The reforms will simplify encryption product export licensing
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and speed the review of encryption product exports. Among other
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benefits, manufacturers should see expedited delivery of products,
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reduced shipping and reporting costs, and fewer individual license
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requests -- especially for small businesses that cannot afford
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international distributors. A personal exemption for business
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travellers using encryption products will eliminate delays and
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inconvenience when they want to take encryption products out of
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the U.S. temporarily.
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Q. Why is the key escrow standard being adopted?
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A. The key escrow mechanism will provide Americans and
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government agencies with encryption products that are more secure,
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more convenient, and less expensive than others readily available
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today -- while at the same time meeting the legitimate needs of
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law enforcement.
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Q. Will the standard be mandatory?
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A. No. The Administration has repeatedly stressed that the key
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escrow technology, and this standard, is for voluntary use by
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federal and other government agencies and by the private sector.
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The standard that is being issued only applies to federal agencies
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-- and it is voluntary.
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Does this approach expand the authority of government agencies to
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listen in on phone conversations?
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No Key escrow technology provides government agencies with no
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[sic] new authorities to access the content of the private
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conversations of Americans.
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Q. Will the devices be exportable? Will other devices that use
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the government hardware?
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A. Yes. After an initial review of the product, the State
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Department will permit the export of devices incorporating key
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escrow technology to most end users. One of the attractions of
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this technology is the protection it can give to U.S. companies
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operating at home and abroad.
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Q. Suppose a law enforcement agency is conducting a wiretap on a
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drug smuggling ring and intercepts a conversation encrypted using
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the device. What would they have to do to decipher the message?
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A. They would have to obtain legal authorization, normally a
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court order, to do the wiretap in the first place. They would then
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present documentation, including a certification of this
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authorization, to the two entities responsible for safeguarding
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the keys. (The key is split into component parts, which are stored
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separately in order to ensure the security of the key escrow
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system.) They then obtain the components for the keys for the
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device being used by the drug smugglers. The components are then
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combined and the message can be read.
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Q. Who will hold the escrowed keys?
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A. The Attorney General has selected two U.S. agencies to hold
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the escrowed key components: the Treasury Department's Automated
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Systems Division and the Commerce Department's National Institute
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of Standards and Technology.
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Q. How strong is the security in the device? How can I be sure
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how strong the security is?
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A. This system is more secure than many other voice encryption
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system readily available today. While the algorithm upon which the
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Escrowed Encryption Standard is based will remain classified to
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protect the security of the system, an independent panel of
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cryptography experts found that the algorithm provides significant
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protection. In fact, the panel concluded that it will be 36 years
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until the cost of breaking the algorithm will be equal to the cost
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of breaking the current Data Encryption Standard now being used.
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Q. Is there a "trap door" that would allow unauthorized access
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to the keys?
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A. No. There is no trapdoor.
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Q. Whose decision was it to propose this product?
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A. The National Security Council, the Justice Department, the
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Commerce Department, and other key agencies were involved in this
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decision. The approach has been endorsed by the President, the
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Vice President, and appropriate Cabinet officials.
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________________________________________________________________________
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U.S. Department of Justice
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Washington, D.C. 20530
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February 4, 1994
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AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
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IN CONJUNCTION WITH INTERCEPTS PURSUANT TO TITLE III
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The following are the procedures for the release of escrowed key
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components in conjunction with lawfully authorized interception of
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communications encrypted with a key-escrow encryption method.
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These procedures cover all electronic surveillance conducted
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pursuant to Title III of the Omnibus crime Control and Safe
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Streets Act of 1968, as amended (Title III), Title 18, United
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States Code, Section 2510 et seq.
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1) In each case there shall be a legal authorization for the
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interception of wire and/or electronic communications.
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2) All electronic surveillance court orders under Title III
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shall contain provisions authorizing after-the-fact minimization,
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pursuant to 18 U.S.C. 2518(5), permitting the interception and
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retention of coded communications, including encrypted
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communications.
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3) In the event that federal law enforcement agents discover
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during the course of any lawfully authorized interception that
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communications encrypted with a key escrow encryption method are
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being utilized, they may obtain a certification from the
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investigative agency conducting the investigation, or the Attorney
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General of the United States or designee thereof. Such
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certification shall
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(a) identify the law enforcement agency or other
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authority conducting the interception and the person providing the
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certification;
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(b) certify that necessary legal authorization has been
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obtained to conduct electronic surveillance regarding these
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communications;
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(c) specify the termination date of the period for which
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interception has been authorized;
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(d) identify by docket number or other suitable method
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of specification the source of the authorization;
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(e) certify that communications covered by that
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authorization are being encrypted with a key-escrow encryption
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method;
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(f) specify the identifier (ID) number of the key escrow
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encryption chip providing such encryption; and
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(g) specify the serial (ID) number of the key-escrow
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decryption device that will be used by the law enforcement agency
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or other authority for decryption of the intercepted
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communications.
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4) The agency conducting the interception shall submit this
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certification to each of the designated key component escrow
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agents. If the certification has been provided by an investigative
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agency, as soon thereafter as practicable, an attorney associated
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with the United States Attorney's Office supervising the
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investigation shall provide each of the key component escrow
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agents with written confirmation of the certification.
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5) Upon receiving the certification from the requesting
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investigative agency, each key component escrow agent shall
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release the necessary key component to the requesting agency. The
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key components shall be provided in a manner that assures they
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cannot be used other than in conjunction with the lawfully
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authorized electronic surveillance for which they were requested.
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6) Each of the key component escrow agents shall retain a
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copy of the certification of the requesting agency, as well as the
|
|
subsequent confirmation of the United States Attorney's Office. In
|
|
addition, the requesting agency shall retain a copy of the
|
|
certification and provide copies to the following for retention in
|
|
accordance with normal record keeping requirements:
|
|
|
|
(a) the United States Attorney's Office supervising the
|
|
investigation, and
|
|
|
|
(b) the Department of Justice, Office of Enforcement
|
|
Operations.
|
|
|
|
7) Upon, or prior to, completion of the electronic
|
|
surveillance phase of the investigation, the ability of the
|
|
requesting agency to decrypt intercepted communications shall
|
|
terminate, and the requesting agency may not retain the key
|
|
components.
|
|
|
|
8) The Department of Justice shall, in each such case,
|
|
|
|
(a) ascertain the existence of authorizations for
|
|
electronic surveillance in cases for which escrowed key components
|
|
have been released;
|
|
|
|
(b) ascertain that key components for a particular key
|
|
escrow encryption chip are being used only by an investigative
|
|
agency authorized to conduct electronic surveillance of
|
|
communications encrypted with that chip; and
|
|
|
|
(c) ascertain that, no later than the completion of the
|
|
electronic surveillance phase of the investigation, the ability of
|
|
the requesting agency to decrypt intercepted communications is
|
|
terminated.
|
|
|
|
9) In reporting to the Administrative Office of the United
|
|
States Courts pursuant to 18 U.S.C. Section 2519(2), the Assistant
|
|
Attorney General for the Criminal Division shall, with respect to
|
|
any order for authorized electronic surveillance for which
|
|
escrowed encryption components were released and used for
|
|
decryption, specifically note that fact.
|
|
|
|
These procedures do not create, and are not intended to create,
|
|
any substantive rights for individuals intercepted through
|
|
electronic surveillance, and noncompliance with these procedures
|
|
shall not provide the basis for any motion to suppress or other
|
|
objection to the introduction of electronic surveillance evidence
|
|
lawfully acquired.
|
|
|
|
*************************************************************
|
|
|
|
|
|
U.S. Department of Justice
|
|
Washington, D.C. 20530
|
|
|
|
February 4, 1994
|
|
|
|
AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
|
|
IN CONJUNCTION WITH INTERCEPTS PURSUANT TO STATE STATUTES
|
|
|
|
Key component escrow agents may only release escrowed key
|
|
components to law enforcement or prosecutorial authorities for use
|
|
in conjunction with lawfully authorized interception of
|
|
communications encrypted with a key-escrow encryption method.
|
|
These procedures apply to the release of key components to State
|
|
and local law enforcement or prosecutorial authorities for use in
|
|
conjunction with interceptions conducted pursuant to relevant
|
|
State statutes authorizing electronic surveillance, and Title III
|
|
of the Omnibus crime Control and Safe Streets Act of 1968, as
|
|
amended, Title 18, United States Code, Section 2510 et seq.
|
|
|
|
1) The state or local law enforcement or prosecutorial
|
|
authority must be conducting an interception of wire and/or
|
|
electronic communications pursuant to lawful authorization.
|
|
|
|
2) Requests for release of escrowed key components must be
|
|
submitted to the key component escrow agents by the principal
|
|
prosecuting attorney of the State, or of a political subdivision
|
|
thereof, responsible for the lawfully authorized electronic
|
|
surveillance.
|
|
|
|
3) The principal prosecuting attorney of such State or
|
|
political subdivision of such State shall submit with the request
|
|
for escrowed key components a certification that shall
|
|
|
|
(a) identify the law enforcement agency or other
|
|
authority conducting the interception and the prosecuting attorney
|
|
responsible therefor;
|
|
|
|
(b) certify that necessary legal authorization for
|
|
interception has been obtained to conduct electronic surveillance
|
|
regarding these communications;
|
|
|
|
(c) specify the termination date of the period for which
|
|
interception has been authorize;
|
|
|
|
(d) identify by docket number or other suitable method
|
|
of specification the source of the authorization;
|
|
|
|
(e) certify that communications covered by that
|
|
authorization are being encrypted with a key-escrow encryption
|
|
method;
|
|
|
|
(f) specify the identifier (ID) number of the key escrow
|
|
chip providing such encryption; and
|
|
|
|
(g) specify the serial (ID) number of the key-escrow
|
|
decryption device that will be used by the law enforcement agency
|
|
or other authority for decryption of the intercepted
|
|
communications.
|
|
|
|
4) Such certification must be submitted by the principal
|
|
prosecuting attorney of that State or political subdivision to
|
|
each of the designated key component escrow agents.
|
|
|
|
5) Upon receiving the certification from the principal
|
|
prosecuting attorney of the State or political subdivision, each
|
|
key component escrow agent shall release the necessary key
|
|
component to the intercepting State or local law enforcement
|
|
agency or other authority. The key components shall be provided in
|
|
a manner that assures they cannot be used other than in
|
|
conjunction with the lawfully authorized electronic surveillance
|
|
for which they were requested.
|
|
|
|
6) Each of the key component escrow agents shall retain a
|
|
copy of the certification of the principal prosecuting attorney of
|
|
the State or political subdivision. In addition, such prosecuting
|
|
attorney shall provide a copy of the certification to the
|
|
Department of Justice, for retention in accordance with normal
|
|
record keeping requirements.
|
|
|
|
7) Upon, or prior to, completion of the electronic
|
|
surveillance phase of the investigation, the ability of the
|
|
intercepting law enforcement agency or other authority to decrypt
|
|
intercepted communications shall terminate, and the intercepting
|
|
law enforcement agency or other authority may not retain the key
|
|
components.
|
|
|
|
8) The Department of Justice may, in each such case, make
|
|
inquiry to
|
|
|
|
(a) ascertain the existence of authorizations for
|
|
electronic surveillance in cases for which escrowed key components
|
|
have been released;
|
|
|
|
(b) ascertain that key components for a particular key
|
|
escrow encryption chip are being used only by an investigative
|
|
agency authorized to conduct electronic surveillance of
|
|
communications encrypted with that chip; and
|
|
|
|
(c) ascertain that, no later than the completion of the
|
|
electronic surveillance phase of the investigation, the ability of
|
|
the requesting agency to decrypt intercepted communications is
|
|
terminated.
|
|
|
|
9) In reporting to the Administrative Office of the United
|
|
States Courts pursuant to 18 U.S.C. Section 2519(2), the principal
|
|
prosecuting attorney of a State or of a political subdivision of a
|
|
State may, with respect to any order for authorized electronic
|
|
surveillance for which escrowed encryption components were
|
|
released and used for decryption, desire to note that fact.
|
|
|
|
These procedures do not create, and are not intended to create,
|
|
any substantive rights for individuals intercepted through
|
|
electronic surveillance, and noncompliance with these procedures
|
|
shall not provide the basis for any motion to suppress or other
|
|
objection to the introduction of electronic surveillance evidence
|
|
lawfully acquired.
|
|
|
|
*************************************************************
|
|
|
|
|
|
U.S. Department of Justice
|
|
Washington D.C. 20530
|
|
|
|
February 4, 1994
|
|
|
|
AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
|
|
IN CONJUNCTION WITH INTERCEPTS PURSUANT TO FISA
|
|
|
|
The following are the procedures for the release of escrowed key
|
|
components in conjunction with lawfully authorized interception of
|
|
communications encrypted with a key-escrow encryption method.
|
|
These procedures cover all electronic surveillance conducted
|
|
pursuant to the Foreign Intelligence Surveillance Act (FISA), Pub.
|
|
L. 95-511, which appears at Title 50, U.S. Code, Section 1801 et
|
|
seq.
|
|
|
|
1 ) In each case there shall be a legal authorization for the
|
|
interception of wire and/or electronic communications.
|
|
|
|
2) In the event that federal authorities discover during the
|
|
course of any lawfully authorized interception that communications
|
|
encrypted with a key-escrow encryption method are being utilized,
|
|
they may obtain a certification from an agency authorized to
|
|
participate in the conduct of the interception, or from the
|
|
Attorney General of the United States or designee thereof. Such
|
|
certification shall
|
|
|
|
(a) identify the agency participating in the conduct of
|
|
the interception and the person providing the certification;
|
|
|
|
to conduct electronic surveillance regarding these
|
|
communications;
|
|
|
|
(c) specify the termination date of the period for which
|
|
interception has been authorized;
|
|
|
|
(d) identify by docket number or other suitable method
|
|
of specification the source of the authorization;
|
|
|
|
(e) certify that communications covered by that
|
|
authorization are being encrypted with a key-escrow encryption
|
|
method;
|
|
|
|
(f) specify the identifier (ID) number of the key escrow
|
|
encryption chip providing such encryption; and
|
|
|
|
(g) specify the serial (ID) number of the key-escrow
|
|
decryption device that will be used by the agency participating in
|
|
the conduct of the interception for decryption of the intercepted
|
|
communications.
|
|
|
|
4) This certification shall be submitted to each of the
|
|
designated key component escrow agents. If the certification has
|
|
been provided by an agency authorized to participate in the
|
|
conduct of the interception, a copy shall be provided to the
|
|
Department of Justice, Office of Intelligence Policy and Review.
|
|
As soon as possible, an attorney associated with that office shall
|
|
provide each of the key component escrow agents with written
|
|
confirmation of the certification.
|
|
|
|
5) Upon receiving the certification, each key component
|
|
escrow agent shall release the necessary key component to the
|
|
agency participating in the conduct of the interception. The key
|
|
components shall be provided in a manner that assures they cannot
|
|
be used other than in conjunction with the lawfully authorized
|
|
electronic surveillance for which they were requested.
|
|
|
|
6) Each of the key component escrow agents shall retain a
|
|
copy of the certification, as well as the subsequent written
|
|
confirmation of the Department of Justice, Office of Intelligence
|
|
Policy and Review.
|
|
|
|
7) Upon, or prior to, completion of the electronic
|
|
surveillance phase of the investigation, the ability of the agency
|
|
participating in the conduct of the interception to decrypt
|
|
intercepted communications shall terminate, and such agency may
|
|
not retain the key components.
|
|
|
|
8) The Department of Justice shall, in each such case,
|
|
|
|
(a) ascertain the existence of authorizations for
|
|
electronic surveillance in cases for which escrowed key components
|
|
have been released;
|
|
|
|
(b) ascertain that key components for a particular key
|
|
escrow encryption chip are being used only by an agency authorized
|
|
to participate in the conduct of the interception of
|
|
communications encrypted with that chip; and
|
|
|
|
(c) ascertain that, no later than the completion of the
|
|
electronic surveillance phase of the investigation, the ability of
|
|
the agency participating in the conduct of the interception to
|
|
decrypt intercepted communications is terminated.
|
|
|
|
9) Reports to the House Permanent Select Committee on
|
|
Intelligence and the Senate Select Committee on Intelligence,
|
|
pursuant to Section 108 of FISA, shall, with respect to any order
|
|
for authorized electronic surveillance for which escrowed
|
|
encryption components were released and used for decryption,
|
|
specifically note that fact.
|
|
|
|
These procedures do not create, and are not intended to create,
|
|
any substantive rights for individuals intercepted through
|
|
electronic surveillance, and noncompliance with these procedures
|
|
shall not provide the basis for any motion to suppress or other
|
|
objection to the introduction of electronic surveillance evidence
|
|
lawfully acquired.
|
|
|
|
|
|
|
|
________________________________________________________________________
|
|
________________________________________________________________________
|
|
|
|
The SURFPUNK Technical Journal is a dangerous multinational hacker zine
|
|
originating near BARRNET in the fashionable western arm of the northern
|
|
California matrix. Quantum Californians appear in one of two states,
|
|
spin surf or spin punk. Undetected, we are both, or might be neither.
|
|
________________________________________________________________________
|
|
|
|
Send postings to <surfpunk@versant.com>,
|
|
subscription requests to <surfpunk-request@versant.com>.
|
|
WWW Archive at ``http://www.acns.nwu.edu/surfpunk/''.
|
|
________________________________________________________________________
|
|
________________________________________________________________________
|
|
|
|
|
|
|
|
|
|
The Internet Index
|
|
Compiled by Win Treese (treese@crl.dec.com), 7/8/93
|
|
Revised: 12/16/93
|
|
|
|
Annual rate of growth for Gopher traffic: 997%
|
|
|
|
Annual rate of growth for World-Wide Web traffic: 341,634%
|
|
|
|
Average time between new networks connecting to the Internet: 10 minutes
|
|
|
|
Number of newspaper and magazine articles about the Internet during the
|
|
first nine months of 1993: over 2300
|
|
|
|
Number of on-line coffeehouses in San Francisco: 18
|
|
|
|
Cost for four minutes of Internet time at those coffeehouses: $0.25
|
|
|
|
Date of first known Internet mail message sent by a head of state: 2 March 1993
|
|
(Sent by Bill Clinton, President of the United States)
|
|
|
|
Date on which first Stephen King short story published via the Internet before
|
|
print publication: 19 Sept 1993
|
|
|
|
Number of mail messages carried by IBM's Internet gateways
|
|
in January, 1993: about 340,000
|
|
|
|
Number of mail messages carried by Digital's Internet gateways
|
|
in June, 1993: over 700,000
|
|
|
|
Advertised network numbers in July, 1993: 13,293
|
|
Advertised network numbers in July, 1992: 5,739
|
|
|
|
Date after which more than half the registered networks were
|
|
commercial: August, 1991
|
|
|
|
Number of Internet hosts in Norway, per 1000 population: 5
|
|
Number of Internet hosts in United States, per 1000 population: 4
|
|
Number of Internet hosts in July, 1993: 1,776,000
|
|
|
|
Round-trip time from Digital CRL to mcmvax.mcmurdo.gov in McMurdo, Antartica:
|
|
640 milliseconds
|
|
Number of hops: 18
|
|
|
|
Number of USENET articles posted on a typical day in February, 1993: 350,000
|
|
Number of megabytes posted: 44
|
|
Number of users posting: 80,000
|
|
Number of sites represented: 25,000
|
|
|
|
Number of Silicon Valley real estate agencies advertising with
|
|
Internet mail addresses: 1
|
|
|
|
Terabytes carried by the NSFnet backbone in February, 1993: 5
|
|
|
|
Number of countries reachable by electronic mail: 137 (approx.)
|
|
Number of countries not reachable by electronic mail: 99 (approx.)
|
|
Number of countries on the Internet: 60
|
|
|
|
Amount of time it takes for Supreme Court decisions to become
|
|
available on the Internet: less than one day.
|
|
|
|
Date of first National Public Radio program broadcast simultaneously
|
|
on the Internet: 21 May 1993
|
|
|
|
Percent of Boardwatch Top 100 BBS systems with Internet Connectivity: 21
|
|
|
|
Number of people on the Internet who know you're a dog: 0
|
|
|
|
|