From vznuri@netcom.com Wed Dec 17 23:17:14 2003 From: "Vladimir Z. Nuri" To: cypherpunks-legacy@lists.cpunks.org Subject: wassenar crypto agrmt/wiretapping Date: Wed, 17 Dec 2003 23:17:14 +0000 Message-ID: <199812090001.QAA14558@netcom8.netcom.com> MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="===============3758259673068938871==" --===============3758259673068938871== Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: 8bit From: Jonathan David Boyne To: Undisclosed recipients:; Subject: [exploration] The Wassenaar Invasion of Privacy (fwd) >from: >http://www.zolatimes.com/V2.41/pageone.html >Laissez Faire City Times >- Volume 2 Issue 41 >The Laissez Faire City Times >December 7, 1998 - Volume 2, Issue 41 >Editor & Chief: Emile Zola >----- >The Wassenaar Invasion of Privacy > >by J. Orlin Grabbe > > >>From the first moment it proclaimed the "information superhighway", the >Clinton administration has waged a wholesale assault on Internet free >speech and privacy. > >The latest blow is the Clinton administration's strong- arming of the 32 >fellow countries of the Wassenaar Arrangement to agree to an export ban >on strong cryptographic (data scrambling) software. The net effect will >be to make it easier for each government to read its own citizen's email >and other private documents. > >Normally if a nation attempts to restrict the domestic sale of strong >encryption software, that attempt is made ineffective by the >availability of strong encryption software from other countries. But >such software won't be available anymore--at least not from one of the >Wassenaar countries, once they have enacted local legislation to >implement the terms of the Wassenaar agreement of December 2. > >The Wassenaar Arrangement is supposed to be an intergovernmental >agreement to restrict international traffic in arms. What does this have >to do with encryption? Simply this: the US government still holds that >secret-code-producing software is a munition. So if you encrypt your >letters and files, and the government hasn't given you permission to use >that caliber encryption, then the person who gave you the encryption >software may be in violation of some regulation on arms dealing. > >"They've plugged a loophole," gleefully proclaimed Ambassador David >Aaron, the President's Special Envoy for Cryptology. The day following >the agreement, the US Department of Commerce issued a press release in >which Aaron spouts gobble-de-gook phrases about a "level playing field" >and about balancing "commercial and privacy interests with national >security and public safety concerns" (see Appendix A for Commerce Dept. >press statement). > >How has this agreement supposedly created a "level playing field" and >helped U.S. industry? Well, namely, by censoring foreign publishers of >cryptology software in the same way that the US government already >censors US publishers. This is similar to arguing that by increasing >tyranny in surrounding countries, we can create a "level playing field" >for freedom. > >"It's ironic, but the US government is leading the charge >internationally to restrict personal privacy and individual liberty >around the world," said Alan Davidson, a staff counsel at the Center for >Democracy and Technology, according to Reuters (see Appendix B for >Reuter's news release). > >A restriction on cryptology is a restriction on free speech. In the >Second World War, the US used native Navaho speakers for secure >communications. Since no one else understood the language, it served as >a powerful secret code. But is what you speak or write in an email >message suddenly not speech or language if the government can't >understand it? If your message says "Xu23MN iilc]z MNBl", does the >government suddenly have the right to imprison you for writing >gibberish? > >While the clear answer is No, nevertheless the US government thinks it >has the right to restrict your "gibberish" if it is produced by >encryption software that it can't crack. The Wassenaar agreement says >encryption software that is "weak" (less than 56 bit keys in some cases, >or less than 64 bit keys in others), so that the government can >unscramble and read the real message underneath the gibberish, is okay, >and in fact frees up some export restrictions on this type of software. >The trade-off? Greater restrictions on software that produces secret >code the government can't read. > >Arms control. It sounds wonderful, doesn't it? Go over to the Wassenaar > web page and take a look. High nobility of purpose, right? "We're >keeping those guns away from the Indians," they proclaim. But what they >mean to say is: "We fully intend to read what is written on the hard >drive of your computer." > >Posting to the cypherpunks mailing list, Timothy May noted: > >I recently heard T. J. Rodgers, CEO of Cypress Semiconductor, repeat his >oft-made point that Silicon Valley and the high tech industry gains >nothing by talking to Washington. That as soon as dialog is started with >Washington, things get worse. This applies as well to crypto, to gun >rights, to everything. Everything Washington touches turns to statist >shit. > >Is there any good news? Enabling legislation has to be enacted in each >country to carry out the terms of the Wassenaar agreement. Raising a hue >and cry with legislators over this latest invasion of privacy should >have a positive effect. > >In the meantime, Mr. "Information Superhighway" Al Gore is poised for a >presidential run, so he can continue to ignore privacy concerns and bend >over for the Big Brother agencies of the national security >establishment. > >------------------------------------------------------------------------ > >Related Links > >•The End of Ordinary Money: Part 1 >•The End of Ordinary Money: Part 2 > > > >------------------------------------------------------------------------ >Appendix A: Commerce Dept. Press Release > > >UNITED STATES DEPARTMENT OF COMMERCE NEWS > >International Trade Administration > >Washington, DC > >For Immediate Release >Tuesday, December 3, 1998 > >Contact: Maria Harris Tildon > (202)482-3809 > Sue Hofer > (202)482-2721 > >P R E S S S T A T E M E N T > >U.S. Applauds Agreement on Encryption in International Export >Control Regime > >Vienna, Austria -- The United States welcomed the decision taken >Thursday in Vienna by the 33 members of the Wassenaar Arrangement >to modernize and improve multilateral encryption export controls. >Ambassador David Aaron, the President's Special Envoy for Cryptology, >said that "the international agreement reached here goes a long way >toward leveling the playing field for exporters and promoting >electornic commerce. It provides countries with a stronger >regulatory framework to protect national security and public safety." > >The agreement caps a two year effort by the United States, to update >international encryption export controls and to balance commercial >and privacy interests with national security and public safety >concerns. Thursday's agreement simplifies and streamlines controls >on many encryption items and eliminates multilateral reporting >requirements. Specific improvements to multilateral encryption >controls include removing controls on all encryption products at >or below 56 bit and certain consumer entertainment TV systems, such >as DVD products, and on cordless telephone systems designed for >home or office use. > >Wassenaar members also agreed to extend controls to mass-market >encryption above 64 bits, thus closing a significant loophole in >multilateral encryption controls. This gives Wassenaar member >governments the legal authority to license many mass market >encryption software exports which were previously not covered by >multilateral controls and enables governments to review the >dissemination of the strongest encryption products that might >fall into the hands of rogue end users. The new controls also >extend liberalized mass-market hardware below 64 bits. Until >today, only mass-market software products enjoyed this >liberalized treatment. > >"The decisions taken here in Vienna reinforce the Administration's >efforts to promote a balanced encryption policy," Aaron confirmed. > > > >------------------------------------------------------------------------ >Appendix B: Reuters News Release > > >Thursday, 3 December 1998 12:57:40 > >U.S. claims success in curbing encryption trade > >Aaron Pressman, Reuters, Washington newsroom, 202-898-8312 > >WASHINGTON (Reuters) - Clinton administration officials >Thursday said they had persuaded other leading countries to >impose strict new export controls on computer >data-scrambling products under the guise of arms control. > >At a meeting Thursday in Vienna, the 33 nations that have >signed the Wassenaar Arrangement limiting arms exports -- >including Japan, Germany and Britain -- agreed to impose >controls on the most powerful data-scrambling technologies, >including for the first time mass-market software, U.S. >special envoy for cryptography David Aaron told Reuters. > >The United States, which restricts exports of a wide range of >data-scrambling products and software -- also known as >encryption -- has long sought without success to persuade >other countries to impose similar restrictions. > >``We think this is very important in terms of bringing a level >playing field for our exporters,'' Aaron said. > >Leading U.S. high-technology companies, including Microsoft >Corp. and Intel Corp., have complained that the lack of >restrictions in other countries hampered their ability to >compete abroad. The industry has sought to have U.S. >restrictions relaxed or repealed, but has not asked for tighter >controls in other countries. > >Privacy advocates have also staunchly opposed U.S. export >controls on encryption, arguing that data-scrambling >technologies provided a crucial means of protecting privacy in >the digital age. > >``It's ironic, but the U.S. government is leading the charge >internationally to restrict personal privacy and individual >liberty around the world,'' said Alan Davidson, staff counsel at >the Center for Democracy and Technology, a Washington-based >advocacy group. > >Special envoy Aaron said the Wassenaar countries agreed to >continue export controls on powerful encryption products in >general but decided to end an exemption for widely available >software containing such capabilities. > >``They plugged a loophole,'' Aaron said. > >The new policy also reduced reporting and paperwork >requirements and specifically excluded from export controls >products that used encryption to protect intellectual property >-- such as movies or recordings sent over the Internet -- from >illegal copying, Aaron said. > >Encryption uses mathematical formulas to scramble >information and render it unreadable without a password or >software ``key.'' One important measure of the strength of the >encryption is the length of the software key, measured in bits, >the ones and zeros that make up the smallest unit of computer >data. > >With the increasing speed and falling prices of computers, >data encrypted with a key 40 bits long that was considered >highly secure several years ago can now be cracked in a few >hours. Cutting-edge electronic commerce and communications >programs typically use 128-bit or longer keys. > >Under Thursday's agreement, Wassenaar countries would >restrict exports of general encryption products using more >than 56-bit keys and mass-market products with keys more >than 64 bits long, Aaron said. > >Each country must now draft its own rules to implement the >agreement. > >-30- > >from The Laissez Faire City Times, Vol. 2, No. 41, Dec. 7, 1998 >------------------------------------------------------------------------ >The Laissez Faire City Times is a private newspaper. 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