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IP: Tighten ITAR
From: Dave Farber <farber () central cis upenn edu>
Date: Fri, 04 Oct 1996 15:39:05 -0400
The Washington Post, October 4, 1996, p. A22. Crypto Politics [Editorial] The Clinton administration once had a coherent, if unpopular, position on encryption software, the stuff that allows you to encode your email messages or other data so that no one can read it en route without a key. Now, in the wake of word that the president will sign an executive order, the position is no longer coherent, nor discernibly more popular with the high-tech audience it attempts to mollify. People and companies doing international financial business are highly interested in this kind of software, the more powerfully "uncrackable" the better. The U.S. software industry thinks there's a lot of money in it, especially if encryption becomes routine. The administration position till recently was that, much as U.S. software companies might profit from being able to market "uncrackable" encryption software freely, national security and law enforcement considerations dictated that such exports be controlled by license. Powerful encryption, like arms, could be dangerous in the hands of terrorists, rogue governments or international criminals. The software was classed as a munition; software above a certain uncrackability level could not be exported unless law enforcement authorities could get access somehow to the "key" after obtaining the proper warrants. Unbreakable codes on the loose strike us as a real danger, a legitimate reason for tight export controls. But if the administration really believes this, you'd think it would stick with steps that can plausibly meet the goal of control. Instead, trying to please, it has been splitting and splitting the difference between itself and the largely unmoved industry, which argues that no one will buy an encryption product that a government can decrypt at will. As with arms sales, the companies also argue that if they don't sell it, somebody else will, and that anyway it's far too late to fence off rogues. The national security people respond that there is still a "window," perhaps two years, in which they can prevent, if not all leaks of unauthorized crypto technology, at least its off-the-shelf use and wide adoption as the international standard. The administration initially proposed, then repeatedly refined, the concept of key "escrow" -- depositing a copy of the code with trusted third parties -- but never came up with a version the industry would accept. It commissioned a National Research Council report, which recommended a significant easing of restrictions. Now the president appears to have embraced a yet looser form of licensure upon declaration by a company that it will develop a plan within two years for key recovery. Also, the technology no longer will be considered munitions. What kind of plan? Nobody can quite say. What if the plans aren't acceptable? Licensing will revert to the old rule in two years. Will the security issue be moot by then? Probably. Barring some burst of clarity, one is left wondering whether the administration has compromised or caved, and what it now believes about the dangers of exporting uncrackable software. [End] Ditto, see the National Research Council report: http://pwp.usa.pipeline.com/~jya/nrcindex.htm
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