1624 lines
64 KiB
Plaintext
1624 lines
64 KiB
Plaintext
CRYPTOGRAPHY: TRENDS IN TECHNOLOGY AND POLICY
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Lance J. Hoffman
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Faraz A. Ali
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Steven L. Heckler
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Ann Huybrechts
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December 5, 1993
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Prepared by
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The George Washington University
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Office of Sponsored Research
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Subcontract No. 19K-RF105C
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DOE Project No. XXXXXXX
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Prepared for
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Data Systems Research and Development Program
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Technical Operations
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Oak Ridge K-25 Site
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Oak Ridge, Tennessee 37831-7620
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Managed by
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MARTIN MARIETTA ENERGY SYSTEMS, INC.
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for the
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U.S. DEPARTMENT OF ENERGY
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under contract DE-AC05-84OR21400
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DISCLAIMER
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This report was prepared as an account of work sponsored by an agency
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of the United States
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Government. Neither the United States Government nor any agency
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thereof, nor any of their employees,
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makes any warranty, express or implied, or assumes any legal
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liability or responsibility for the accuracy,
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completeness, or usefulness of any information, apparatus, product,
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or process disclosed, or represents
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that its use would not infringe privately owned rights. Reference
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herein to any specific commercial
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product, process, or service by trade name, trademark, manufacturer,
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or otherwise, does not necessarily
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constitute or imply its endorsement, recommendation, or favoring by
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the United States Government or
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any agency thereof. The views and opinions of authors expressed
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herein do not necessarily state or
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reflect those of the United States Government or any agency thereof.
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CRYPTOGRAPHY: TRENDS IN TECHNOLOGY AND POLICY
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Lance J. Hoffman
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Faraz A. Ali
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Steven L. Heckler
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Ann Huybrechts
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December 5, 1993
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Prepared by
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The George Washington University
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Office of Sponsored Research
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Subcontract No. 19K-RF105C
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DOE Project No. XXXXXX
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Prepared for
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Data Systems Research and Development Program
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Technical Operations
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Oak Ridge K-25 Site
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Oak Ridge, Tennessee 37831-7620
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Managed by
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MARTIN MARIETTA ENERGY SYSTEMS, INC.
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for the
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U.S. DEPARTMENT OF ENERGY
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under contract DE-AC05-84OR21400
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CONTENTS
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EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . v
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1. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 1
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2. TECHNOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 3
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3. MARKET ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 7
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4. EXPORT CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 9
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5. PUBLIC POLICY ISSUES. . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 13
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5.1 EXECUTIVE BRANCH . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 13
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5.2 CONGRESS . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 14
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5.3 TRENDS . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 16
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6. POTENTIAL SCENARIOS . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 17
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REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . 19
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EXECUTIVE SUMMARY
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During the past five years, encryption technology has become easily
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available to both individuals and
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businesses, affording them a level of security formerly available
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practically to only military, national
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security, and law enforcement agencies. As a result, a debate within
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the United States about the proper
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balance between national security and personal freedom has been
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initiated. Law enforcement and national
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security agencies would like to maintain tight control over civilian
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encryption technologies, while industry
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and individual and privacy rights advocates fight to expand their
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ability to distribute and use
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cryptographic products as they please.
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This report analyzes trends in encryption technology, markets, export
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controls, and legislation. It
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identifies five trends which will have a strong influence on
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cryptography policy in the United States:
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~ The continued expansion of the Internet and the progressive
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miniaturization of cryptographic
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hardware combined with the increasing availability and use of
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strong cryptographic software
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means that the strongest encryption technologies will continue
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to become more easily obtainable
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everywhere in the years ahead.
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~ Additional growth in networked and wireless communication
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will fuel a strong demand for
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encryption hardware and software both domestically and abroad,
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causing the U. S.
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high-technology industry to be increasingly interested in
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selling encryption products overseas and
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in modifying current export restrictions.
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~ Due to the responsibilities and bureaucratic dispositions of
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key Executive Branch agencies,
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products using strong encryption algorithms such as DES will
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continue to face at least some
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export restrictions, despite the widespread availability of
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strong encryption products overseas.
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~ The American public is likely to become increasingly
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concerned about its privacy and about
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cryptographic policy as a result of the increased amount of
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personal information available online
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and the growing number of wireless and networked
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communications. The development and
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increasingly widespread use of the National Information
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Infrastructure will heighten these
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concerns.
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~ Encryption policy is becoming an important public policy
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issue that will engage the attention
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of all branches of government. Congress will become
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increasingly visible in this debate due to
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its power of agency oversight and its role in passing laws
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accommodating the United States~ rapid
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rate of technological change. Agencies will remain very
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important since they have the
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implementing and, often, the planning responsibilities. Since
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individuals and industry have more
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direct influence over Congress than over most other branches of
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government, Congress may place
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somewhat more emphasis on personal freedom than many other
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government actors.
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Four potential scenarios are likely: mandatory escrowed encryption,
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voluntary escrowed encryption,
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complete decontrol of encryption, or domestic decontrol with strict
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export regulations.
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1. INTRODUCTION
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During the past five years, encryption technology has become easily
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available to both individuals and
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businesses, affording them a level of security formerly available
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practically to only military, national
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security, and law enforcement agencies. This availability and the
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desirability of encrypting some
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communications is just starting to be generally recognized by
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American business, and the encryption
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market is just now beginning to emerge as a significant part of the
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computer security market. As a result,
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a debate within the United States about the proper balance of
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national security, law enforcement, and
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personal freedom has been initiated. Law enforcement and national
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security agencies would like to
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maintain tight control over civilian encryption technologies, while
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industry and individual and privacy
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rights advocates fight to expand their ability to distribute and use
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cryptographic products as they please.1
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This report analyzes trends in encryption technology and policy
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against this backdrop. It is one in a
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trilogy of research papers being prepared under the direction of
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Professor James Chandler of the George
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Washington University National Law Center and Professor Lance Hoffman
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of the George Washington
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University School of Engineering and Applied Science, Department of
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Electrical Engineering and
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Computer Science. The papers cover the following topics:
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Issues Regarding the Use of Cryptographic Technologies in the
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Commercial Sector. Review and
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analysis of U.S. laws, regulations, and case law pertaining to
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the use of commercial encryption
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products for voice and data communications between private
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parties located within continental
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U.S. boundaries and with parties in foreign jurisdictions,
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including examination of all applicable
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Federal statutes, regulations, executive orders, and other
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publicly available sources of legally
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binding directives. Laws or regulations which have been
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interpreted as mandating the use of
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cryptographic systems are also included. 2
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Foreign Encryption Technology Controls. Identification and
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analysis of foreign laws and
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regulations pertaining to the use and control of commercial
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encryption products for voice and data
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communications. 3
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Cryptography: Trends in Technology and Policy (this paper).
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Encapsulation of current legislation
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and analysis of trends based on the above papers with future
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implications for encryption
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technology and the use of commercial encryption products.
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This report is divided into four primary sections:
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~ Technology: future trends in high technology and,
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more specifically, encryption
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technology.
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~ Market Analysis: trends in the global market for
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encryption products, especially DES-
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and RSA-based products.
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~ Export Controls: trends that may influence the wording
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and implementation of laws
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restricting export of encryption products manufactured
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in the United States.
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~ Public Policy Issues: factors and trends that may
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determine the future direction of
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policy decisions and legislation related to cryptography
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in the United States.
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After discussions of these topics, four potential scenarios are
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briefly presented as possibilities.
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The authors appreciate the constructive criticism of early drafts and
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helpful suggestions made by Diana
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Arrington, Donna Berkelhammer, James Chandler, Larry E. Christensen,
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Dorothy Denning, Bill
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Franklin, Lou Giles, Lamaris Gill, Lynn McNulty, Randolph Williams,
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Doug Miller, Robert Rarog,
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Allan Suchinsky, and others. Conclusions or opinions in this paper
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are, however, those solely of the
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authors and are not necessarily shared by any of the other persons.
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2. TECHNOLOGY
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Commercial encryption technology has evolved since the popular ~Data
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Encryption Standard~ (DES)4 was
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released to the public in 1977 and will continue to do so during the
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foreseeable future. From a situation
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then when only private key systems were generally in use, public key
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systems have become increasingly
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popular, especially for authentication. Detailed reviews of the
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evolution of cryptography over the last
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sixteen years or so can be found in [5] and [6]. In particular,
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hardware encryption devices will become
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smaller, users will use signatures and digests (typically public key
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systems7, 8 as well as private key
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systems), and encryption algorithms will become increasingly
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powerful.9
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A cryptographic system generally provides for two functions:
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encryption and decryption. The encryption
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function converts data from ~plaintext,~ or normal text, into
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In order to perform either of these functions (i.e. to send or
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receive an encrypted message), the system~s
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user must have a unique ~key,~ a sequence of bits. This key is input
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to the algorithm to successfully
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perform the desired conversion. The strength of an encryption scheme
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is dependent both upon the
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strength of its algorithm and, often, on the length of the keys used
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for encryption and decryption. Longer
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key lengths mean more possible keys for an intruder to try and thus
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imply greater security. Encryption
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and decryption are generally performed by a computer with the
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assistance of hardware and/or software
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cryptographic products.
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A trend in encryption products, concurrent with the same trend in
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computer technology in general, is
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towards increasing miniaturization. For example, in 1988 the primary
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encryption device manufactured
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by AT&T weighed seventeen pounds. Now, with the advent of PCMCIA
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(Personal Computer Memory
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Card Industry Association) technology, it is widely anticipated that
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one or more manufacturers will soon
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release encryption-capable modems the size of a credit card.
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Some observers feel a trend is developing from hardware or
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software/hardware products to software-only
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products9, 10 because software is cheaper, easier to install and
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use, and takes up less space on a computer
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than hardware. Others disagree, thinking that the future of
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encryption technology may be in
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hardware-based products, because they are faster, harder to
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compromise, and also take up very little
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space now because of developments in VLSI (Very Large Scale
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Integrated) chip design .11
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There is also a growing use of ~public-key~ cryptography systems.9,
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13 Under a more traditional single
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key system, the same key is used both for encrypting and decrypting
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the message. Although this is
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reasonably secure, there is a risk that this key will be intercepted
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when the parties involved exchange
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keys. A public key system, however, does not necessitate the
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exchange of a secret key in the
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transmission of messages. The sender encrypts the message with the
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recipient~s freely-disclosed, unique
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public key. The recipient, in turn, uses her unique private key to
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decrypt the message.7 It is also
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possible to encrypt messages with the sender~s private key, allowing
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anyone who knows the sender~s
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public key to decrypt the message. This process is crucial to
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creating digital signatures, as discussed
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later.
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Coincident with the increase in electronic communications is the need
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to write one~s own signature on
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both business and personal transactions. At the moment, writing
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one~s own signature requires written
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messages. Now, however, electronic communications have become so
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heavily used that many business
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and personal transactions will flourish between parties who never
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actually see each other and physically
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sign no paper; increasingly, digital signatures will be used to
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provide message authentication.
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Public-key cryptography also enables the user to produce a digital
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signature by encrypting with her
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private key, which, when decrypted with her public key, provides
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verification that the message originated
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from that user. Possible applications for this technology include
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online financial transactions and business
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negotiations.
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The DES (Data Encryption Standard) and RSA (named after its inventors
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Rivest, Shamir, and Adelman)
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algorithms are generally considered two of the strongest algorithms
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on the market. DES is a strong,
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private-key algorithm developed by IBM and made a standard by the
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United States government in the late
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1970~s. RSA, in turn, is the most popular public-key algorithm.14
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It is based on prime number
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generation, using the fact that it is very difficult to factor the
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product of two large prime numbers.
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Encryption hardware and software products incorporating DES and RSA
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are widely available both
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domestically and abroad. Over two million instantiations of RSA have
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been distributed in the United
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States, in almost every case seamlessly embedded by the vendor. By
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the end of 1994, this number will
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rise to five million and by the end of 1995, it will double.15
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PGP (Pretty Good Privacy), 16 which originally incorporated RSA,
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employs public-key cryptography and
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puts together strong algorithms for both authentication and message
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transmission. It now uses a
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combination of the IDEA (International Data Encryption Algorithm)17
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and DES algorithms, is free, and
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can be obtained over the Internet via anonymous FTP ("file transfer
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protocol").
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DES continues to be an important standard for encrypting data,
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particularly within the U. S. and foreign
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financial communities. The National Institutes for Standard and
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Technology (NIST) is in the process of
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recertifying DES as a national standard for the next five years.
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However, the security of DES in the
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future is worrisome to some scientists, who contend that advances in
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technology will soon make it
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possible to break DES by ~brute force,~ using a powerful computer to
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try every possible combination
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of keys until the correct key is discovered. Indeed, in ten years,
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DES may no longer be secure.18
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In contrast, SKIPJACK, the classified encryption/decryption algorithm
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used in the White House~s key
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escrow (~Clipper~) initiative, utilizes an 80-bit key, 24 bits longer
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than the 56-bit key used in DES. The
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interim report of the SKIPJACK evaluators chosen by NSA and NIST came
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to three conclusions:19
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1. Under an assumption that the cost of processing
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power is halved every eighteen
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months, it will be 36 years before the cost of
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breaking SKIPJACK by exhaustive
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search will be equal to the cost of breaking DES
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today. Thus, there is no
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significant risk that SKIPJACK will be broken by
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exhaustive search in the next
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30-40 years.
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2. There is no significant risk that SKIPJACK can be
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broken through a shortcut
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method of attack.
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3. While the internal structure of SKIPJACK must be
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classified in order to protect
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law enforcement and national security objectives,
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the strength of SKIPJACK
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against a cryptanalytic attack does not depend on
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the secrecy of the algorithm.
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Other sources report that many industry representatives believe that
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processing power doubles about every
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six months to a year. This would reduce the "safe time" of the first
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point above to approximately 12-18
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years, rather than 30-40 years.
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Other escrow schemes are also available. Micali20 has proposed a
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multikey escrow capability in which
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multiple trusted parties authenticate a message and/or allow
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eavesdropping. In a recent unpublished
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paper, Desmedt, Frankel, and Yung state that threshold cryptosystems
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(as presented at recent Crypto,
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Asiacrypt, and Eurocrypt conferences) can have the same functionality
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as key escrow schemes without
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relying on "(expensive) tamperproof devices."21
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The increasing use and availability of encryption technology
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logically accompanies the exponential
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increase in electronic communications over the past few years.
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Commercial use of the Internet has
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increased dramatically during the past two years, and noncommercial
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use is on the rise as well.22 Indeed,
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as the New York Times whimsically notes, "Forget Elaine's. Internet
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is currently the world's most
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fashionable rendezvous." It touches down in 137 countries and links
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15 million to 30 million people and
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is growing by a million users each month.23
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This growth in the popularity of the Internet has created a demand
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for security. Electronic mail users
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who desire confidentiality and sender authentication increasingly are
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demanding encryption. Some are
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already using PGP. Others are starting to use Privacy Enhanced Mail
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(PEM), an Internet encryption
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mechanism which was funded by the Advanced Research Projects Agency
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of the Defense Department and
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has recently been introduced as a commercial product by Trusted
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Information Systems, Inc. It uses the
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DES algorithm for encryption and the RSA algorithm for sender
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authentication and key management.
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Privacy Enhanced Mail also provides support for nonrepudiation; this
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allows the third-party recipient of
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a forwarded message to verify the identity of the message originator
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(not just the message forwarder) and
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to verify if any of the original text has been altered.24, 25
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Although PEM is not yet widespread, a number
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of vendors are offering it in conjunction with or integrated into
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their commercial electronic mail
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applications and the European Community has adopted PEM for its
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PASSWORD project26 which is part
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of an attempt to establish a pilot security infrastructure for
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network applications for the European research
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community. Ironically, a Federally funded chip, Clipper, now is
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being pushed as a substitute for this
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mechanism which has already been paid for largely by government funds
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and is already in place.
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The increasing number of electronic funds transfers (EFTs) between
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banks has necessitated the increasing
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use of message authentication systems, to determine if a message has
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originated from its proper source
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and to determine if there have been any modifications.27 One
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institution alone, the Clearing House
|
|
Interbank Payment System, currently moves an average of one trillion
|
|
dollars each day via wire and
|
|
satellite.28 Strong encryption is necessary to provide security and
|
|
authentication for these electronic
|
|
money transfers (and is also why export restrictions on the DES
|
|
algorithm have been relaxed for financial
|
|
institutions).
|
|
|
|
Despite these leaps in technology, telefacsimile (fax) transmissions
|
|
are not yet widely encrypted, even
|
|
though fax is a widely used form of data communications. According
|
|
to a Datapro 1993 report27, there
|
|
are only 11 encryption devices which accommodate FAX transmissions.
|
|
It is inconvenient to equip both
|
|
the sending and receiving machine with compatible encryption before
|
|
facsimile transmission; the fax
|
|
protocol has no convenient place for inserting non-fax functions such
|
|
as encryption; and, until recently,
|
|
there has been little awareness of security threats among fax users.
|
|
However, increasing use of fax
|
|
transmissions by businesses who wish to keep their corporate
|
|
information and finances confidential and
|
|
an increasing awareness of the security problems will require the
|
|
availability of more products which
|
|
encrypt fax communications.
|
|
|
|
Credit cards and ATMs are the forerunners of what may soon become
|
|
people use less pocket cash every year. Indeed, credit-card purchases
|
|
are now used for one-tenth of all
|
|
consumer payments.29 David Chaum, head of the Cryptography Group at
|
|
the Center for Mathematics
|
|
and Computer Science (CWI) in Amsterdam, has proposed a distributed
|
|
smart card system which, using
|
|
public key cryptography, allows anonymous cash embodied by the cards
|
|
to be used like real money.28
|
|
This is another consequence of the increasing digitization of
|
|
financial transactions: ~Ubiquitous digital
|
|
cash dovetails well with massive electronics networks. It~s a pretty
|
|
sound bet the Internet~today~s
|
|
version of the Net~will be the first place that e-money will
|
|
infiltrate deeply.~ 29
|
|
|
|
One of the consequences of an increasingly electronics-oriented
|
|
economy will be the need to provide some
|
|
amount of anonymity and privacy for users of such a digital cash
|
|
system in order to ensure that electronic
|
|
money remains anonymous and untraceable, except by the payer and
|
|
payee. Government approval will
|
|
be requisite for digital cash to gain full approval by the business
|
|
community and public, and the
|
|
government may require access to these transaction records to prevent
|
|
what might otherwise become
|
|
"perfect crimes." 30
|
|
|
|
In conclusion, the current trends in encryption technology include
|
|
increasing miniaturization, increasing
|
|
use of public and private-key cryptography, and the continued
|
|
development of increasingly secure
|
|
algorithms. These trends are all coincident with the skyrocketing
|
|
use of the Internet and other types of
|
|
electronic communications, particularly electronic money
|
|
communications.
|
|
|
|
|
|
|
|
|
|
3. MARKET ANALYSIS
|
|
|
|
|
|
The market for encryption products is rapidly growing.27 This market
|
|
trend is concomitant with the
|
|
increasing use of personal computers, fax machines, and e-mail for
|
|
electronic communications. A large
|
|
encryption market has also arisen because of wireless communications,
|
|
such as cellular telephones. There
|
|
are already 12 million subscribers to cellular telephone services in
|
|
the United States, and the trend is
|
|
toward more wireless communications in the future. Since they are
|
|
easier to intercept than wire-based
|
|
ones, the demand for encryption technology will increase as concern
|
|
for data integrity increases.9
|
|
|
|
This growth in the market for encryption is occurring both in the
|
|
United States and abroad. According
|
|
to International Resource Development, the U. S. data encryption
|
|
market reached an estimated $384
|
|
million in 1991, and will jump to $946 million by 1996. The total
|
|
worldwide market, estimated at $695
|
|
million in 1991, is predicted to grow at a similar rate, reaching
|
|
$1.8 billion by 1996.31
|
|
|
|
The encryption market is no longer left to United States companies to
|
|
dominate. A Software Publishers
|
|
Association (SPA) survey shows 264 foreign encryption products and
|
|
288 domestic products. These
|
|
findings contrast sharply with the large global market shares
|
|
(approximately 75%) enjoyed by United
|
|
States software publishers and hardware manufacturers in other
|
|
areas.32 Of the 264 foreign products, 123
|
|
products use DES.36
|
|
|
|
Citing the relatively stringent export controls enforced by the
|
|
United States government as being one of
|
|
the main reasons for the increasing market share of foreign
|
|
cryptographic products in the global market,
|
|
many manufacturers are currently lobbying the government to relax
|
|
these export controls in an effort to
|
|
keep United States technology competitive abroad. The SPA claims
|
|
that most software and hardware
|
|
vendors, aware of these export controls, decide not to manufacture
|
|
encryption technology because they
|
|
realize that their very best technology cannot be exported. Thus,
|
|
they claim, there are far fewer domestic
|
|
vendors than would otherwise exist.10
|
|
|
|
Many commentators have speculated on the influence of the escrow
|
|
encryption standard (Clipper) on the
|
|
global market. Georgetown University Professor Dorothy Denning, one
|
|
of the evaluators of the
|
|
SKIPJACK algorithm used in the proposed key-escrow arrangement and an
|
|
advocate of its deployment,
|
|
states that if the technology provided by Clipper catches on, it
|
|
could become the de facto standard in the
|
|
United States, either the only device or the predominant device
|
|
available on the market.33
|
|
|
|
Marc Rotenberg, director of the Washington office of Computer
|
|
Professionals for Social Responsibility
|
|
(CPSR), believes that the government would be able to wield
|
|
considerable clout in making the key-escrow
|
|
arrangement a de facto standard on the market.13 He explains that
|
|
the government can exert enormous
|
|
authority on creating, developing, and enforcing technical standards
|
|
through the procurement process.
|
|
Through this procurement process, the government can require any
|
|
manufacturer selling phones to the
|
|
government or government contractors to install the key-escrow
|
|
arrangement in their phones. AT&T
|
|
supplies an enormous amount of telecommunications services and
|
|
equipment to the government, thus
|
|
making the government one of AT&T~s largest customers. In response
|
|
to the Presidentially approved
|
|
Clipper initiative, AT&T has started incorporating the key-escrow
|
|
arrangement in some of its phones,
|
|
a powerful illustration of the enormous spending power of the
|
|
government.
|
|
|
|
However, the Federal government does not represent a large percentage
|
|
of the market or the revenue for
|
|
all American companies providing communications or computer
|
|
technology. For example, Bill Ferguson
|
|
of Semaphore Communications Corp. states that government purchases
|
|
are less than one percent of
|
|
Semaphore~s global sales potential. With trade restrictions applied,
|
|
the government still supplies less than
|
|
five percent of Semaphore~s expected sales.34 Companies such as
|
|
Semaphore and many represented by
|
|
the SPA see foreign markets as potentially larger sources of income
|
|
than the U. S. government and
|
|
therefore want trade restrictions relaxed so that more market
|
|
opportunities can open up. As it stands
|
|
now, many in the encryption industry fear that products using the
|
|
Clipper chip will be effectively
|
|
unexportable due to United States government retention of the
|
|
keys.35,36
|
|
|
|
The Clinton administration has stated that use of a key escrow system
|
|
will not be mandatory ("The
|
|
Administration has progressed far enough in its review to conclude it
|
|
will not propose new legislation
|
|
to limit use of encryption technology.")37. However, if this
|
|
decision were reversed (perhaps by a later
|
|
administration), there is some danger that the proposed key-escrow
|
|
arrangement could function as a
|
|
Prohibition and the organized crime that
|
|
resulted from it, the key-escrow arrangement could encourage contempt
|
|
for law enforcement and a
|
|
complete disregard of the law.35 Doug Miller of the SPA feels that a
|
|
black market would almost certainly
|
|
arise if the United States government makes some standard
|
|
mandatory.10
|
|
|
|
Given the increased use of computers and networks, a steady increase
|
|
in the market for encryption
|
|
products is likely, as is a continued expansion into this market by
|
|
foreign manufacturers. United States
|
|
hardware and software producers, stymied by relatively stringent
|
|
export restrictions imposed by the
|
|
United States government and possibly further hindered by the
|
|
necessity of accommodating what may be
|
|
an unexportable Clipper standard, may find it even more difficult to
|
|
remain competitive players in
|
|
international markets.
|
|
|
|
|
|
|
|
|
|
4. EXPORT CONTROLS
|
|
|
|
|
|
Existing controls on the export of encryption software and hardware
|
|
has been a topic of concern for
|
|
United States manufacturers and vendors. Despite a February 1991
|
|
COCOM decision to decontrol all
|
|
mass market software, including encryption software, as other
|
|
commercial, dual-use items, United States
|
|
export control policy continues to categorize many encryption items
|
|
as ~munitions-related~, thereby
|
|
subjecting them to applicable export laws.38 Anyone wishing to
|
|
export the strongest encryption products
|
|
is therefore required, under the Arms Export Control Act, to obtain
|
|
individual licenses from the Office
|
|
of Defense Trade Controls at the State Department (though some
|
|
products of lesser strength are under
|
|
the control of the Commerce Department).39 This has led to a
|
|
prohibition on export of encryption
|
|
products using the popular and relatively powerful DES algorithm for
|
|
file and data encryption (except
|
|
for financial applications and use by subsidiaries of U. S. companies
|
|
abroad).
|
|
|
|
Obtaining a license for these restricted encryption products includes
|
|
a review of the product by the
|
|
National Security Agency (NSA) to determine its exportability.
|
|
According to Allan Suchinsky, Chief of
|
|
Electronic and Combat Systems Licensing at the Office of Defense
|
|
Trade Controls at the Department of
|
|
State, this process normally takes between one and six weeks.40
|
|
According to some officials and business
|
|
people, however, a newly developed encryption product can actually
|
|
take up to ten months to go through
|
|
the review process, although products employing certain algorithms
|
|
are either on a list of automatically
|
|
approved items or eligible for ~fast track~ consideration. In the
|
|
high-tech arena where product cycles are
|
|
often measured in months, large market shares can be lost due to such
|
|
delays. Some industry
|
|
representatives have complained that the average time it takes to
|
|
obtain a similar license for encryption
|
|
products outside the United States is much less.34
|
|
|
|
The market analysis above describes the steadily growing global
|
|
market for strong encryption products,
|
|
one that is potentially worth millions (if not billions) of dollars.
|
|
But United States manufacturers believe
|
|
that their hands are tied by stringent export laws which, for
|
|
export of encryption products of DES strength or stronger to anyone
|
|
other than financial institutions.
|
|
They also believe that foreign manufacturers in Europe and elsewhere
|
|
are not similarly restricted, and
|
|
are free to manufacture and export DES- and RSA-based products. This
|
|
asymmetry in export laws has
|
|
undesirable consequences for United States manufacturers of
|
|
encryption products.
|
|
|
|
DES-based products are already being used in encryption products
|
|
manufactured in foreign countries
|
|
including Japan, Russia, Germany, France, Austria, UK, Switzerland,
|
|
Netherlands, Austria, Australia
|
|
and Sweden.32 The DES algorithm, in fact, is also freely obtainable
|
|
via the Internet, as is DES-based
|
|
encryption software. The encryption ~genie~ would appear to be out
|
|
of the bottle, and at this point it
|
|
is not clear to United States companies why the State Department is
|
|
inhibiting the wide proliferation of
|
|
DES technology,41 now that it is not in a position to prevent it.
|
|
Along with this, one must consider the
|
|
trends towards implementation of encryption products in software, and
|
|
the miniaturization of encryption
|
|
hardware. Taken together, these trends indicate that it will become
|
|
increasingly difficult to enforce the
|
|
existing export laws, and tougher to prevent the spread of
|
|
DES-caliber algorithms. Despite this, many
|
|
government officials have continued to speak strongly in favor of
|
|
continued restrictions on DES, stating
|
|
that attempting to control export of products using the algorithm
|
|
still prevents a significant number of
|
|
international terrorists, criminals, and unfriendly foreign powers
|
|
from acquiring advanced encryption
|
|
technology. As a result, they believe that export restrictions on
|
|
DES remain in the United States~ best
|
|
interest, even if they may not always be fully effective.40
|
|
|
|
The current export restrictions have a detrimental effect on many
|
|
U.S. companies. According to Addison
|
|
Fischer of Fischer International, ~export controls are estimated to
|
|
have cost Fischer International millions
|
|
of dollars in lost revenue for cryptographic products"42 due to
|
|
rejection by foreign customers of the
|
|
weaker encryption products United States companies are forced to
|
|
supply, lost sales opportunities, and
|
|
delays with paperwork necessary for obtaining the appropriate
|
|
licenses. And since DES is already easily
|
|
available overseas, Fischer feels that existing export restrictions
|
|
are simply placing an embargo on United
|
|
States DES-based products. Similar complaints have been voiced by
|
|
other United States companies. The
|
|
Computer Systems Security and Privacy Advisory Board agrees that
|
|
"current controls are negatively
|
|
impacting U. S. competitiveness in the world market and are not
|
|
inhibiting the foreign production and
|
|
use of cryptography [DES and RSA]." 43
|
|
|
|
Thus, if the United States government continues to control
|
|
DES-strength encryption manufactured in the
|
|
U.S., the following results may come to pass:
|
|
|
|
~ Foreign competitors of United States encryption companies
|
|
will likely gain control of the
|
|
global market for encryption products.
|
|
|
|
~ United States companies will lose significant market share in
|
|
the global market for encryption
|
|
products. They are likely to lose sales opportunities as they
|
|
compete in the electronic security
|
|
market against products based on DES and RSA with their own
|
|
weaker versions based on RC2
|
|
and RC4.
|
|
|
|
~ DES strength encryption will continue to proliferate to
|
|
foreign destinations, either through
|
|
foreign companies or through the ever-growing Internet. The
|
|
effort of current United States
|
|
export policy to inhibit this by restricting exports on
|
|
DES-based technology is unlikely to
|
|
succeed.
|
|
|
|
~ If, indeed, United States companies get displaced in the
|
|
international encryption marketplace,
|
|
United States ~national security~ will also be threatened by a
|
|
weakened domestic encryption (and
|
|
computer) industry.
|
|
|
|
|
|
In July 1992, the Software Publishers Association reached an
|
|
agreement with the Bush Administration
|
|
that would permit an expedited 7-day review process for products
|
|
based on RC2 and RC4 algorithms.
|
|
These algorithms are still much weaker than DES; but they are also
|
|
stronger than any other algorithms
|
|
which were exportable prior to this agreement. This was an important
|
|
development in the effort to
|
|
decontrol the export of encryption products from the United States.
|
|
Projecting forward from this
|
|
milestone, it is likely that as the private sector continues to push
|
|
for further relaxation of these controls,
|
|
more and stronger encryption products will be put on similar
|
|
|
|
The Federal government seeks to encourage the use of key escrow
|
|
systems for encrypting
|
|
telecommunications.44 The standard proposed for these systems, the
|
|
"Clipper" escrowed encryption
|
|
standard,45 is particularly noteworthy in light of the fact that law
|
|
enforcement officials, with a court
|
|
order, can obtain both parts of a special key that enables them to
|
|
decrypt transmissions encrypted with
|
|
a particular chip. At the time of this writing, how Clipper will be
|
|
treated for export purposes is not
|
|
clear. If it is treated the same way as DES, it will certainly
|
|
provide another example of the Byzantine
|
|
nature of U. S. export policy. In any case, it is likely that
|
|
foreign customers will reject these products,
|
|
due to fears of both United States tampering and the possible
|
|
existence of a secret ~trap door,~ which
|
|
would enable unauthorized parties to decrypt Clipper-encrypted
|
|
transmissions, even without the escrowed
|
|
parts of the special key. Chris Sundt of the multinational
|
|
International Computers Ltd. (ICL) claims this
|
|
very fear will be the basis of rejecting Clipper as an encryption
|
|
alternative in international markets.46
|
|
Other United States based companies share his concern that the key
|
|
escrow chip is effectively
|
|
unexportable.47
|
|
|
|
In spite of the concerns described above, it appears unlikely that
|
|
United States export laws will become
|
|
as relaxed as those in many European countries. DES-based products
|
|
for file and data encryption will
|
|
probably not be removed from the munitions list in the near future.
|
|
Almost everyone interviewed for
|
|
this report felt that NSA will continue to play an increasingly
|
|
dominant role in the debate over
|
|
cryptography in the U.S., and will continue to have influence much
|
|
stronger than NIST~s on encryption
|
|
policy issues. NSA will continue to strongly voice its opinions to
|
|
the President and pressure him to keep
|
|
DES-based encryption on the munitions list and under the jurisdiction
|
|
of the Department of State.
|
|
|
|
|
|
|
|
|
|
5. PUBLIC POLICY ISSUES
|
|
|
|
|
|
5.1 EXECUTIVE BRANCH
|
|
|
|
Due to the increasing public availability of strong hardware- and
|
|
software-based encryption products, a
|
|
debate over their regulation and use is emerging.48 The debate over
|
|
Clipper and regulation of other
|
|
encryption technologies is, in many ways, the continuation of an
|
|
ongoing discussion in the United States
|
|
about the proper balance between national security and individual
|
|
freedom of action. On one side of the
|
|
debate are those agencies charged with defending America from crime,
|
|
terrorism, and external threat,
|
|
such as the Federal Bureau of Investigation (FBI), the National
|
|
Security Agency (NSA), the Central
|
|
Intelligence Agency, the Department of State, and the Department of
|
|
Justice. These powerful agencies,
|
|
in turn, are challenged by advocacy groups and high-technology
|
|
industries, which place a greater
|
|
emphasis on individual rights, in particular personal privacy, or
|
|
corporate profits. The United States
|
|
Congress may play a major role in determining the balance between the
|
|
two.
|
|
|
|
There are several powerful agencies which are leading the
|
|
Administration~s effort to control encryption
|
|
technology. First and foremost among these is the National Security
|
|
Agency, which for years was the
|
|
sole controller of strong encryption in the United States. NSA has
|
|
two primary goals on its agenda. The
|
|
most overt one is the protection of United States national security,
|
|
which the NSA does largely with the
|
|
help of signal intelligence.49 If terrorists of foreign agents were
|
|
to obtain and use strong encryption
|
|
hardware or software, NSA~s efforts to learn about and thwart their
|
|
activities would be considerably more
|
|
difficult. Indeed, as Marc Rotenberg of Computer Professionals for
|
|
Social Responsibility comments, the
|
|
continued development of encryption technologies poses one of the
|
|
most significant challenges the agency
|
|
has faced during the post-Cold War era.13
|
|
|
|
Less obvious but also important is NSA~s effort to protect its
|
|
preeminent role in civilian cryptography.
|
|
For years, NSA had almost complete control over developments in the
|
|
encryption field. In recent years,
|
|
however, this control has begun to erode as private firms and
|
|
individuals have begun aggressively
|
|
developing and using encryption technologies. The end of the Cold
|
|
War and the assignment of
|
|
responsibility by the Computer Security Act of 1987 50 for
|
|
development of federal unclassified computer
|
|
security standards (including cryptography standards) to NIST has
|
|
threatened many aspects of NSA~s
|
|
traditional role. Doug Miller of the Software Publishers Association
|
|
observed that ~NSA throughout its
|
|
existence . . . has had every incentive to delay the inevitable~
|
|
(individuals obtaining full control of their
|
|
own cryptography).10
|
|
|
|
The FBI is primarily concerned with investigating serious crimes and
|
|
thwarting domestic terrorism. In
|
|
a small number of important cases, such as those involving drug
|
|
trafficking, organized crime, or
|
|
terrorism, the FBI gathers information via wiretaps. Indeed,
|
|
wiretaps have been used in to gather
|
|
evidence in 90% of terrorism cases brought to trial.51 However, the
|
|
FBI has not been able to point to
|
|
a single case to date where encryption has hampered their
|
|
investigation of a case.
|
|
|
|
Several developments, however, are making these wiretaps
|
|
progressively more difficult to conduct. Two
|
|
of these are the increasing complexity of the United States
|
|
telecommunications infrastructure and the
|
|
gradual replacement of copper wires by fiber optics, which can carry
|
|
thousands of conversations in a
|
|
single strand of fiber. Both of these changes make it more difficult
|
|
for agents, even with phone
|
|
companies~ help, to isolate individual conversations.49 In
|
|
addition, the development of publicly available
|
|
encryption threatens to delay or prevent the FBI~s ability to utilize
|
|
the contents of these wiretaps. This
|
|
poses serious risks to the lives and safety of the American people
|
|
whom the FBI is charged to protect,
|
|
especially in cases where the Bureau is relying on real-time
|
|
interception of phone calls to protect citizens
|
|
from harm or to apprehend a suspect.52
|
|
|
|
Most of the other executive agencies and departments involved in the
|
|
regulation of encryption technology
|
|
have similar agendas: protecting American citizens from harm and
|
|
defending their areas of responsibility
|
|
and influence within the government.49
|
|
|
|
There are Constitutional issues related to encryption controls, and
|
|
the Clinton administration recognized
|
|
this when it announced the Clipper initiative.44 Its later review
|
|
has so far found no impinging on
|
|
Americans' Constitutional rights.37 Our colleagues at the GW
|
|
National Law Center basically agree.2,3
|
|
Other lawyers have differing points of view.53, 54
|
|
|
|
Professor James Chandler of the George Washington University National
|
|
Law Center observes that some
|
|
United States industries and proponents of individual rights tend to
|
|
place a stronger emphasis on freedom
|
|
of action than national security and thus oppose stringent
|
|
limitations on encryption technology.55 The
|
|
software publishing community and vendors of hardware-based
|
|
encryption devices have generally focused
|
|
their opposition on current United States export restrictions, which
|
|
cost them millions of dollars
|
|
annually.11 Making a somewhat different argument, individual rights
|
|
advocacy groups such as Computer
|
|
Professionals for Social Responsibility (CPSR) and the American Civil
|
|
Liberties Union (ACLU) assert
|
|
that government is too often intrusive in people~s lives and needs to
|
|
be restrained in this domain. As a
|
|
result, they tend to oppose any policy initiative which would
|
|
increase the ability of the government to
|
|
monitor activities of persons.55
|
|
|
|
|
|
5.2 CONGRESS
|
|
|
|
Congress, with its power to make laws and oversee the activities of
|
|
federal agencies, can be a significant
|
|
factor in this ongoing debate. While the players named so far have
|
|
their own, narrowly defined agendas,
|
|
Congress~ actions are more likely to pay closer attention to the will
|
|
of the American people, on whose
|
|
vote and support their jobs depend. Indeed, this dynamic has already
|
|
been demonstrated.
|
|
|
|
In 1991, the FBI sponsored the Digital Telephony Proposal, which
|
|
required telecommunications
|
|
equipment manufacturers and service providers to make sure that their
|
|
products had a built-in means
|
|
whereby law enforcement officials could successfully tap into any
|
|
conversation provided they obtained
|
|
a warrant.1 This initiative was undertaken by the FBI in response to
|
|
increasing fear that with the advent
|
|
of digital phone lines, fiber optics, and advanced telephony in
|
|
general, law enforcement might no longer
|
|
be able to conduct wiretaps in the near future. Unfortunately for
|
|
the FBI, the Digital Telephony Proposal
|
|
angered a large number of voters and telecommunications equipment
|
|
manufacturers, who in turn put
|
|
pressure on their congressmen.10 As a result, the proposal was never
|
|
allowed to reach the House floor.
|
|
|
|
Congress has very recently mandated a comprehensive study of
|
|
cryptography technology and national
|
|
cryptography policy by the National Academy of Sciences.56
|
|
Opponents pointed out that this proposal,
|
|
while in some ways meritorious, might also have the effect of
|
|
preserving the status quo for several years,
|
|
even though the status quo was characterized by some as early as 1981
|
|
as needing to be "realigned to
|
|
promote both national security, broadly defined, and encourage
|
|
private-sector competence in designing
|
|
and applying secure systems."57 The study will start up in late
|
|
1993 or early 1994.
|
|
|
|
Marc Rotenberg of CPSR observed that the FBI and NSA have learned
|
|
from the fate of the Digital
|
|
Telephony Proposal and have attempted to avoid Congressional
|
|
intervention with the Clipper initiative
|
|
by going through the White House instead of Congress. Barring such
|
|
intervention at this point, he feels
|
|
the administration will likely face only limited opposition within
|
|
the Administration to the Clipper
|
|
initiative.13 Thus, any slowdown of this initiative is more likely
|
|
to materialize, if it does at all, in
|
|
Congress. As more people perform an increasing number and range of
|
|
transactions over electronic
|
|
networks, they are becoming increasingly concerned about the
|
|
integrity of their personal information and
|
|
about maintaining their privacy. Of those interviewed in a Macworld
|
|
poll released July 1993,58 78%
|
|
expressed concerns about their personal privacy (up from 64% in 1978)
|
|
and 68% felt their privacy was
|
|
threatened by computers (up from 38% in 1974). Other independent
|
|
surveys confirm this trend.59 While
|
|
many of the survey results relate specifically to databases, often in
|
|
specific sectors such as credit
|
|
reporting, computer systems as a whole, including those with insecure
|
|
communication lines, are coming
|
|
under increasing scrutiny. Congress will be placed under escalating
|
|
pressure to pass new laws governing
|
|
information technology, especially with the increased attention being
|
|
devoted to the design and
|
|
development of the National Information Infrastructure.60
|
|
|
|
Congress~ decisions in this area and indeed the outcomes of the
|
|
debate over encryption policy in general
|
|
will be the result of the ongoing struggle in American society among
|
|
government, individuals, and
|
|
industries. Although this struggle will likely result in
|
|
oscillations in policy, national security may be
|
|
gradually redefined in terms of economic security. This is the
|
|
expectation of Professor James Chandler,55
|
|
who anticipates that controls on the export of encryption hardware
|
|
and software will eventually be lifted.
|
|
|
|
There are already some signs that Congress may be willing to ease
|
|
restrictions on the export of
|
|
encryption products and perhaps in other encryption-related areas as
|
|
well. In early 1991, the Software
|
|
Publishers Association suggested an amendment to the renewal of the
|
|
Export Administration Act that
|
|
would have transferred authority over software exports to the
|
|
Commerce Department. This amendment,
|
|
the Levine Amendment, was accepted by the House Foreign Affairs
|
|
Committee, prompting aggressive
|
|
lobbying by the National Security Agency of key congressmen in order
|
|
to prevent inclusion of this
|
|
amendment in the reauthorization bill. Despite this lobbying, the
|
|
full House kept the amendment in the
|
|
Export Administration Act reauthorization.61 NSA later succeeded in
|
|
persuading President George Bush
|
|
to promise a veto of any reauthorization bill which included the
|
|
Levine Amendment or similar provisions,
|
|
but this incident does demonstrate Congress~ more liberal stance on
|
|
encryption export regulation. And,
|
|
of course, there is a different administration now in power. H. R.
|
|
3627, introduced in the closing days
|
|
of Congress' 1993 session,62 effectively does the same thing, and it
|
|
is conceivable that it will pass in
|
|
1994.
|
|
|
|
|
|
5.3 TRENDS
|
|
|
|
To summarize public policy trends,
|
|
|
|
crime, the FBI and the
|
|
NSA will continue to advocate restraints on encryption technology and
|
|
encourage the
|
|
development of encryption devices and telecommunications systems
|
|
which allow the
|
|
government to continue conducting wiretaps.
|
|
|
|
within the government, most likely at the expense of NIST.
|
|
|
|
technology, the NSA will
|
|
likely continue to favor closed forums where it can present
|
|
sensitive, classified material
|
|
which may not have been obtained had U. S. enemies been able to
|
|
obtain effective
|
|
encryption. These forums such as the National Security Council, will
|
|
be favored by them
|
|
over open ones. The agency will continue its effort to keep relevant
|
|
decisions out of the
|
|
hands of Congress.
|
|
|
|
will place
|
|
increasing pressure on the government to liberalize restrictions on
|
|
the use and export of
|
|
encryption software and hardware.
|
|
|
|
action taken to
|
|
reverse the Clinton administration~s progress on the Clipper
|
|
initiative or the current
|
|
system of export controls will involve Congress as well as the
|
|
executive branch. The
|
|
judicial branch (notably the Supreme Court) has not had occasion to
|
|
rule on the issues
|
|
surrounding the debate.
|
|
|
|
|
|
|
|
|
|
6. POTENTIAL SCENARIOS
|
|
|
|
|
|
If and when a new cryptography policy emerges, there will be winners
|
|
and losers among the pool
|
|
of ~players,~ a pool that roughly consists of law enforcement
|
|
agencies, United States
|
|
manufacturers and vendors of encryption products, and the United
|
|
States public. Based on the
|
|
results of the preceding analysis, four scenarios can be envisioned.
|
|
|
|
1. Complete decontrol of cryptography. The use of strong
|
|
encryption by the United
|
|
States public, as well as its export by United States
|
|
manufacturers, could be completely
|
|
decontrolled by the government at the direct expense of law
|
|
enforcement and national
|
|
security. This would please some members of the public, for
|
|
they would have
|
|
maintained control over their privacy. United States
|
|
manufacturers of encryption products
|
|
would also likely benefit from this move.
|
|
|
|
2. Domestic decontrol of cryptography with export regulations.
|
|
Strong encryption could
|
|
remain decontrolled for use by the general public, but strict
|
|
regulations would remain on
|
|
its export. While the American public would still be relatively
|
|
content, United States
|
|
industries would lose sales and potential market share due to
|
|
exclusion from the lucrative
|
|
international market for encryption products. The large
|
|
domestic market, however,
|
|
would remain open, guaranteeing some revenues for encryption
|
|
product manufacturers.
|
|
Law enforcement agencies, on the other hand, would lose in the
|
|
short term in either of
|
|
these scenarios, because their electronic surveillance
|
|
abilities would be diminished.
|
|
|
|
3. Voluntary escrowed encryption. Escrow a de facto standard.
|
|
(This is the Clinton
|
|
administration's proposed scenario.) The escrowed encryption
|
|
standard could become
|
|
a de facto national standard for voice, fax, and data
|
|
communications over the public
|
|
switched telephone network. While other encryption products
|
|
would be built, they would
|
|
gain little market acceptance because of demand for
|
|
interoperability. Thus, law
|
|
enforcement would be able to listen in on most transmissions.
|
|
The encryption technology
|
|
might be exportable to countries that implemented the same or a
|
|
similar scheme and
|
|
agreed to cooperate in international investigations. United
|
|
States manufacturers might
|
|
gain or lose in this scenario; they would gain only if Clipper
|
|
received widespread
|
|
acceptance. Law enforcement agencies would gain.
|
|
|
|
4. Mandatory escrowed encryption. The government could choose
|
|
to keep complete
|
|
control over encryption and enforce a technology similar to the
|
|
escrowed encryption
|
|
standard. Law enforcement agencies would come out as winners
|
|
for having maintained
|
|
their surveillance capabilities. But a black market for
|
|
foreign encryption products
|
|
smuggled into the United States would probably be created by
|
|
members of the public,
|
|
including criminals, who desire more secrecy. How United
|
|
States companies would react
|
|
in this scenario depends on whether this government enforced
|
|
standard is designed to be
|
|
exportable or not. If it is unexportable, United States
|
|
companies currently involved in
|
|
the manufacture and sale of encryption products would be almost
|
|
completely blocked
|
|
from the international market and would be restricted to
|
|
marketing the government
|
|
enforced standard domestically. This would result in
|
|
considerable financial loss for the
|
|
industry. If, on the other hand, the standard is an exportable
|
|
item, and designed with an
|
|
eye to the requirements of the international market, then
|
|
United States companies would
|
|
be better off and could maintain a level of international
|
|
economic competitiveness.
|
|
|
|
It is very difficult to determine which scenario is most likely and
|
|
what its consequences really
|
|
might be. The policy debate has to date been carried out with each
|
|
side making their own
|
|
assumptions, not all of which are publicly stated. The economic
|
|
implications for the Clipper
|
|
proposal have not been examined adequately.43 Use of an explicit
|
|
model of the situation would
|
|
make these assumptions explicit, thus contributing to an informed
|
|
discussion.
|
|
|
|
Recently, a user-friendly computer model64 based on an Excel
|
|
spreadsheet has been developed
|
|
to investigate the costs, risks, and benefits of issues related to
|
|
the National Information
|
|
Infrastructure. Issues addressed include digital telephony, export
|
|
controls of cryptography, key
|
|
escrow systems, security features in communications hardware, etc.
|
|
It is designed to allow users
|
|
with varying political perspectives to make tradeoffs based on varied
|
|
parameter values, which the
|
|
users have complete control over. While conceding that no
|
|
mathematical model can adequately
|
|
represent intangible values or political tradeoffs completely, it
|
|
offers a useful first step towards
|
|
a common ground for analyzing at least some of the problems described
|
|
above. It has recently
|
|
been offered to both to government and its opponents in the key
|
|
escrow debate. Though it is
|
|
beyond the scope of this particular project, some of the
|
|
investigators of this study plan to use it
|
|
to further explore the scenarios above.
|
|
|
|
|
|
|
|
REFERENCES
|
|
|
|
|
|
1. Dorothy Denning, ~To tap or not to tap?~ Communications of the
|
|
ACM vol. 36,
|
|
no. 3 (March 1993): 25-44.
|
|
|
|
2. J. Chandler, D. Arrington, and L. Gill, "Issues Regarding the
|
|
Use of Cryptographic
|
|
Technologies in the Commercial Sector," George Washington
|
|
University, National
|
|
Law Center, 1993.
|
|
|
|
3. J. Chandler, D. Arrington, and L. Gill, "Foreign Encryption
|
|
Technology Controls,"
|
|
George Washington University, National Law Center, 1993.
|
|
|
|
4. National Bureau of Standards, "Data Encryption Standard," FIPS
|
|
PUB 46,
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(Washington, D. C.: January 1977).
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|
|
|
5. G. Simmons, Contemporary Cryptology (Piscataway, NJ: IEEE
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|
Press, 1992).
|
|
|
|
6. Dorothy Denning, Cryptography and Data Security (Reading,
|
|
Massachusetts:
|
|
Addison-Wesley, 1982).
|
|
|
|
7. R. Rivest, A. Shamir, and L. Adelman, ~A method for obtaining
|
|
digital signatures
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and public-key cryptosystems,~ Communications of the ACM
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(February 1978): 120-
|
|
126.
|
|
|
|
8. W. Diffie and M. E. Hellman, "New Directions in Cryptography,"
|
|
IEEE Transactions
|
|
on Information Theory, vol. IT-22 (November 1976): 644-654.
|
|
|
|
9. Peter Wayner, Statement in "Cryptographic Issue Statements
|
|
Submitted to the
|
|
Computer System Security and Privacy Advisory Board," by NIST,
|
|
27 May 1993,
|
|
pp. 13-17.
|
|
|
|
10. Douglas Miller, Interview by Steven Heckler and Ann
|
|
Huybrechts, 26 July 1993,
|
|
Software Publishers Association, Washington, D. C.
|
|
|
|
11. Martin Hellman (Stanford University electrical engineering
|
|
professor), Interview by
|
|
Faraz Ali, 11 August 1993, phone.
|
|
|
|
12. Ilene Rosenthal, Testimony before the Computer System Security
|
|
and Privacy
|
|
Advisory Board, 3 June 1993.
|
|
|
|
13. Marc Rotenberg (Computer Professionals for Social
|
|
Responsibility), Interview by
|
|
Steven Heckler and Ann Huybrechts, 27 July 1993, Washington, D.
|
|
C.
|
|
|
|
14. Ivars Peterson, ~Encrypting Controversy,~ Science News, 19 June
|
|
1993, 394-396.
|
|
|
|
15. Jim Bidzos, Private communication with Lance J. Hoffman, 3
|
|
November 1993.
|
|
|
|
16. Philip Zimmerman, Pretty Good Privacy 2.2 Manual, 6 March
|
|
1993.
|
|
|
|
17. Peter Schweitzer, Statement in "Cryptographic Issue Statements
|
|
Submitted to the
|
|
Computer System Security and Privacy Advisory Board," by NIST,
|
|
27 May 1993,
|
|
200-203.
|
|
|
|
18. Dorothy Denning, Testimony before the Computer System Security
|
|
and Privacy
|
|
Advisory Board, 29 July 1993.
|
|
|
|
19. E. Brickell et al., "SKIPJACK Review Interim Report: The
|
|
SKIPJACK Algorithm",
|
|
28 July 1993, Posted on sci.crypt and many other places on
|
|
the Internet. Available
|
|
from NIST.
|
|
|
|
20. S. Micali, Fair Cryptosystems, Report MIT/LCS/TR-579.b, MIT
|
|
Laboratory for
|
|
Computer Science, Cambridge, Mass, November 1993.
|
|
|
|
21. Y. Desmedt, Y. Frankel, and M. Yung, "A Scientific Statement on
|
|
the Clipper Chip
|
|
Technology and Alternatives," paper distributed at the Clipper
|
|
session of the 16th
|
|
National Computer Security Conference, 21 September 1993.
|
|
|
|
22. Gary H. Anthes, ~Use outpaces addresses on Internet,~
|
|
Computerworld vol. 27, no.
|
|
17 (26 April 1993): 51-52.
|
|
|
|
23. John Markoff, "Thing," The New York Times, 5 September 1993,
|
|
Section 9, p. 11.
|
|
|
|
24. Stephen Kent, ~Internet Privacy Enhanced Mail," Communications
|
|
of the ACM vol.
|
|
36, no. 8 (August 1993): 48.
|
|
|
|
25. Stephen Crocker, ~Internet Privacy Enhanced Mail,~ The Third
|
|
CPSR Cryptography
|
|
and Privacy Conference Source Book, 7 June 1993.
|
|
|
|
26. Peter Williams, OSISEC Introduction and Overview, University
|
|
College, London, 15
|
|
April 1993.
|
|
|
|
27. Datapro, Inc., Datapro Report on Encryption Devices, Delran,
|
|
NJ, March 1993.
|
|
|
|
28. David Chaum, ~Achieving Electronic Privacy,~ Scientific
|
|
American vol. 267, no. 2
|
|
(August 1992): 96-101.
|
|
|
|
29. Kevin Kelly, ~E-Money,~ Whole Earth Review, Summer 1993.
|
|
|
|
30. S. Von Solms and D. Naccache, "On Blind Signatures and Perfect
|
|
Crimes,"
|
|
Computers and Security vol. 11, no. 6 (October 1992): 581-583.
|
|
|
|
|
|
31. International Resource Development, Data, Fax, and Voice
|
|
Encryption Equipment
|
|
Worldwide, Report #782 (December 1991), New Canaan, CT, pp.
|
|
267-271.
|
|
|
|
32. Douglas Miller, Statement before the Computer System Security
|
|
and Privacy
|
|
Advisory Board, 1 September 1993.
|
|
|
|
33. Dorothy Denning, Interview by Steven Heckler and Ann
|
|
Huybrechts, 26 July 1993,
|
|
Georgetown University, Washington, D. C.
|
|
|
|
34. William Ferguson, Testimony Before the Computer System Security
|
|
and Privacy
|
|
Advisory Board, 29 July 1993.
|
|
|
|
35. Lance J. Hoffman, ~Clipping Clipper,~ Communications of the ACM
|
|
vol. 36, no. 9
|
|
(September 1993): 15-17.
|
|
|
|
36. Stephen T. Walker, Testimony before the Subcommittee on
|
|
Economic Policy, Trade
|
|
and Environment of the Committee on Foreign Affairs of the U.
|
|
S. House of
|
|
Representatives, 12 October 1993.
|
|
|
|
37. J. Podesta, White House memo to Jerry Berman, Digital Privacy
|
|
and Security
|
|
Working Group, on Key Escrow Encryption Technology, July 29,
|
|
1993.
|
|
|
|
38. L. E. Christensen, "Technology and Software Controls" in Law
|
|
and Policy of Export
|
|
Controls: Recent Essays on Key Export Issues, Section of
|
|
International Law and
|
|
Practice of American Bar Association, August 1993, pp. 3-33.
|
|
|
|
39. International Traffic in Arms Regulation (ITAR), 22 CFR
|
|
120-130.
|
|
|
|
40. Allan Suchinsky, Presentation at George Washington University,
|
|
Washington, D.C.,
|
|
30 June 1993.
|
|
|
|
41. Edward Regan, ~United States Business Views On Encryption and
|
|
The Key Escrow
|
|
Chip,~ Testimony before the Computer System Security and
|
|
Privacy Advisory
|
|
Board, 30 July 1993.
|
|
|
|
42. Addison Fischer, Statement in "Cryptographic Issue Statements
|
|
Submitted to the
|
|
Computer System Security and Privacy Advisory Board," by NIST,
|
|
27 May 1993,
|
|
pp. 204-215.
|
|
|
|
43. Computer System Security and Privacy Advisory Board Resolution
|
|
93-5,
|
|
1-2 September 1993.
|
|
|
|
44. The White House, Press release concerning the key escrow
|
|
initiative, 16 April 1993.
|
|
|
|
45. National Institute of Standards and Technology, "A Proposed
|
|
Federal Information
|
|
Processing Standard for an Escrowed Encryption Standard (EES),"
|
|
Federal Register
|
|
vol. 58, no. 145 (30 July 1993): 40791-40794.
|
|
|
|
46. Chris Sundt, Testimony before the Computer System Security and
|
|
Privacy Advisory
|
|
Board, 29 July 1993.
|
|
|
|
47. Testimony of representatives from Fisher International,
|
|
Hewlett-Packard, and
|
|
Racal-Guardata before the Computer System Security and Privacy
|
|
Advisory Board,
|
|
29 July 29 1993.
|
|
|
|
48. Clark Weissman, ~A national debate on encryption
|
|
exportability,~ Communications of
|
|
the ACM vol. 34, no. 10 (October, 1991): 162.
|
|
|
|
49. Lou Giles, Presentation delivered at George Washington
|
|
University, Washington,
|
|
D. C., 4 August 1993.
|
|
|
|
50. Computer Security Act of 1987, Public Law 100-235 (H.R. 145),
|
|
101 Stat. 1724-
|
|
1730.
|
|
|
|
51. James Kallstrom, Testimony before the Computer System Security
|
|
and Privacy
|
|
Advisory Board, 29 July 1993.
|
|
|
|
52. Alan MacDonald, Interview by Steven Heckler, 22 July 1993.
|
|
|
|
53. Statement of the American Civil Liberties Union in
|
|
"Cryptographic Issue Statements
|
|
Submitted to the Computer System Security and Privacy Advisory
|
|
Board," by NIST,
|
|
27 May 1993, pp. 195-199.
|
|
|
|
54. Digital Privacy and Security Working Group, white paper on key
|
|
escrow encryption
|
|
technology, 30 September 1993.
|
|
|
|
55. James Chandler, Interview by Faraz Ali and Steven Heckler, 6
|
|
August 1993, George
|
|
Washington Univeristy, Washington, D. C.
|
|
|
|
56. National Defense Authorization Act for Fiscal Year 1994 (H.R.
|
|
2401, Sec. 267).
|
|
|
|
57. V. C. Walling, Jr., D. B. Parker, and C. C. Wood, "Impacts of
|
|
Federal Policy
|
|
Options for Nonmilitary Cryptography," SRI International
|
|
Research Report 32, April
|
|
1981, Menlo Park, CA.
|
|
|
|
58. Charles Piller, ~Privacy in Peril: Macworld Special Report on
|
|
Electronic Privacy,"
|
|
Macworld, vol. 10, no. 7, July 1993, pp. 8-14.
|
|
|
|
59. L. Harris and Associates, Harris-Equifax Consumer Privacy
|
|
Survey 1992, New
|
|
York: Louis Harris and Associates, 1992.
|
|
|
|
60. Information Infrastructure Task Force, The National Information
|
|
Infrastructure:
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Agenda for Action, Department of Commerce, 15 September 1993.
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61. Jonathan Groner, ~When it Comes to Software, U.S. Sees Military
|
|
Hardware;
|
|
Concern over Spread of Encryption Codes Hurts Exports,~ The
|
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Connecticut Law
|
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Tribune, 21 December 1992, p. 12.
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62. H. R. 3627, "A Bill to Amend the Export Administration Act of
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|
1979 with respect to
|
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the control of computer and related equipment," 1993.
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63. J. Mintz and J. Schwartz, "Encryption Program Draws Fresh
|
|
Attacks," The
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Washington Post, 18 September 1993, p. C1.
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64. Dave Kohls and Lance J. Hoffman, "TurboTrade: A National
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|
Information
|
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Infrastructure Cost/Risk/Benefit Model," Report
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|
GWU-IIST-93-17, Department of
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|
Electrical Engineering and Computer Science, The George
|
|
Washington University,
|
|
Washington, D. C., September 1993.
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