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============================================ F Y I from the RISKS DIGEST----------- Date: 20 Sep 1995 12:24:10 GMT From: rja14@cl.cam.ac.uk (Ross Anderson) Subject: European Governments Agree to Ban Strong Crypto According to an article in `Communications Week International', the 34-nation Council of Europe has agreed to outlaw strong encryption products which do not make keys available to governments. The article, `Euro-Clipper chip scheme proposed', is on the front page of the magazine's issue 151, dated 18th September, which arrived in my mail this morning. It relates that the policy was approved on the 8th September at Strasbourg by the Council, and coincides with an attempt by the European Commission to propose a pan-European encryption standard. The Council - unlike the Commission - has no statutory powers to enforce its recommendations. However, Peter Csonka, the chairman of the committee that drafted the document (and an administrative officer at the Council's division of crime problems) says that `it is rare for countries to reject Council of Europe recommendations'. The proposal would make telecomms operators responsible for decrypting traffic and supplying it to governments when asked. It would also `change national laws to enable judicial authorities to chase hackers across borders'. Opposition to this measure was expressed by Mike Strezbek, VP responsible for European telecomms at JP Morgan, who said that his organisation `will challenge any attempt to limit the power of our network encryption technologies very strongly'. Czonka said that the Council had given consideration to business interests but had tried to strike a balance between privacy and justice. However, `it remains possible that cryptography is available to the public which cannot be deciphered,' his document says. `This might lead to the conclusion to put restrictions on the possession, distribution, or use of cryptography.' Apparently another international organisation, the OECD, has called a conference of its members in December to devise a strategy on encryption. I for one will be making clear to my MP that his stand on this issue will determine how I cast my ballot at the next election. I note that John Major stated in a 1994 parliamentary written reply to David Shaw MP that the government did not intend to legislate on data encryption. I am disappointed that government policy has changed to the point of supporting the Council of Europe, and that this change has sneaked through during the parliamentary recess. Ross Anderson Peter Trei Senior Software Engineer Purveyor Development Team Process Software Corporation http://www.process.com trei@process.com