crypto, NSA, gnu, and cypherpunks in Boardwatch magazine
Jack Rickard was kind enough to send me the following. A new member of the list told me he had found out about the list from this article. Eric ----------------------------------------------------------------------------- From: jack.rickard@boardwatch.com Date: Wed Jan 20 09:57:55 1993 Subject: CYPHERPUNKS COVERAGE The following article appeared in the February, 1993 issue of Boardwatch Magazine, a monthly publication covering electronic bulletin boards, online information services, and networking issues. Boardwatch Magazine is published monthly at an annual subscription rate of $36. Boardwatch Magazine, 7586 West Jewell Ave., Suite 200, Lakewood CO 80232; (303)973-6038 voice; (303)986-8754 fax; (303)973-4222 data. Internet: jack.rickard@boardwatch.com. FRONTAL ATTACK ON THE PUZZLE PALACE by Lance Rose A privately funded attack is underway against a little-known government agency that has devoted itself to the control of privacy in this country (who gets to have privacy, who doesn't, and how much privacy can anyone have?). If successful, it may begin to unravel decades of surreptitious information control so effective most of us have not been aware of its operation. The agency in question is the National Security Agency, or NSA. It was established in 1952 by President Harry Truman to monitor signal transmissions that might affect the security of the United States. Since that time, the NSA has steadily cast a pall over public use and knowledge of cryptography, and generally regulated the limits of privacy in this country. It has done so with 40,000 or more active employees, and funding not readily discernible from inspecting Congressional budget lines. Those not already familiar with the NSA might be surprised at the depth and extent of its influence. For instance, rumor has it that NSA monitors much of the digital telephone activity in this country, even though it is authorized only to monitor foreign transmissions. NSA is also in charge of regulating the export of cryptographic devices to other countries, which are officially deemed such a great security risk they are dealt with as "munitions" under the U.S. export control laws. Any device or software intended for export and using encryption techniques (which are usually included to aid in the privacy or security of personal or business communications, such as in cellular phones) must be reviewed by the State Dept., which generally passes on the review to the NSA. These review processes are so slow and nitpicking that they choke off almost all international trade in effective encryption devices from the U.S. The ultimate effect of this process, as pointed out by John Barlow of the EFF, is to inhibit development of strong encryption devices even within the U.S., since manufacturers are often reluctant to make two different versions of their goods, one for domestic use and one for export. Well-known, powerful encryption techniques subject to close NSA export control include devices based on the DES algorithm, and public key devices based on the RSA algorithm. In addition, NSA is actively involved, along with such cohorts as the FBI and the Justice Department, in ongoing legislative efforts to keep effective new cryptography and privacy techniques out of the public's hands. Last year, proposed Senate Bill 266 would have made it illegal to use a cryptographic technique unless the government had been provided a "back door" enabling it to easily extract the plain text from any message encrypted through that technique. Apparently, brute force cipher-cracking by the NSA was wasting a little too much of the taxpayers' dollars (albeit through untraceable budget lines) so we would all get a break if the government's obligatory snooping and code-cracking activities cost a lot less. Luckily, this bill was kept from enactment, in large part through the efforts of the Electronic Frontier Foundation. NSA and FBI came back this year with a new variation - a bill that would require all phone companies to set up special wiretap stations for official eavesdropping, so agents would not have to waste taxpayer dollars figuring out how to tap those nasty optical fiber lines without being detected. It's ironic that in the face of a federal statute (the Electronic Communications Privacy Act) with strong legal obstacles to discourage officials who seek to monitor private telephone activities, those same officials want to install facilities giving them the practical ability to wiretap as easily as you or I might open the faucet for a glass of water. Another NSA tactic has been massive removal of texts on cryptography from public access through classifying them as secret government documents. Again, slowing down the transmission of knowledge on cryptography in this manner has placed a drag on development of publicly useful encryption methods. The advent of the Freedom of Information Act (FOIA) threatened this regime, with its provisions for requesting declassification of government documents. However the NSA, like many other federal agencies, discovered a fairly effective antidote to FOIA requests: ignore the requests, and when it could ignore them no longer, make the requesting party drag the NSA bodily into court over and over in escalating legal procedures to compel production of the requested documents. This process was such a burden on the requesting parties that it weeded out all but the most dedicated and well-financed attempts to fetch documents on cryptography out of the black hole of NSA classification. Such conduct was also literally illegal, since it involved failure to meet statutory time limits to respond to FOIA document requests. The NSA appeared to be deliberately not meeting the time limits, and basically thumbing its nose at those who sought the documents under its control. One of those who encountered the NSA's monumental heel- dragging in releasing cryptography-related documents was John Gilmore. Gilmore runs a software house named Cygnus Support, was one of the founders of the Electronic Frontier Foundation, and is a vocal and impassioned supporter of individual privacy rights against the modern encroachments of the state. Gilmore and his attorney, Lee Tien, decided to challenge certain NSA practices head-on, specifically the practices of overclassifying documents in the area of cryptography, and the NSA's unwillingness to release cryptographic materials into the public domain regardless of whether the materials actually have strategic military value justifying their classification. In July, 1992, Gilmore requested, under the FOIA, copies of the books "Military Cryptanalysis" by Friedman, volumes 3-4 (earlier volumes were already declassified) and "Military Cryptanalytics" by Friedman and Callimahos, volume 3 onward (the exact number of volumes is not publicly known). The Friedman books dated from the 1930's, the ones with Callimahos from the 1950's - not likely state of the art stuff. To add a little irony, Friedman had been one of the founders of the NSA. To no one's surprise, the NSA did not respond to Gilmore's FOIA request for the books. Gilmore appealed the decision administratively, but again was unable to obtain the materials, forcing him to the next step of filing a suit against NSA in federal court in the Northern District of California. Here is an example of an administrative setup ripe for abuse, being played for all it's worth by the NSA. In an ordinary court action, a party who does not respond within a time limit set by statute can lose the case by default. Here, however, the NSA did not lose anything by not responding to the FOIA requests in the administrative agency setting. In fact it actually gained an advantage, forcing Gilmore to put more energy and resources first into a pointless administrative appeal, and then finally starting a federal court action from scratch. Some time after beginning the FOIA procedure, Gilmore tracked down the Friedman volumes from the '30's at a couple of public repositories in California. Amazingly, when the NSA found out he had the books, they told him the books were still classified or should be classified, and threatened him with a criminal action if he dared to show the books to anyone else. This received some press attention in the S.F. Examiner and elsewhere, to the NSA's great displeasure. Not only was the NSA getting publicity, which it shuns, but it looked like NSA was trying to bury ancient materials already fully accessible to the public, and threatening to jail someone who dared assert the public had a right to such materials. The attention had a salutary effect on the NSA's actions, however. They recently declassified the old Friedman volumes, making it perfectly legal for Gilmore to distribute them. Score one for the libertarians. They have started the NSA backpedalling. As we go to press, Gilmore's case against the NSA is still proceeding for purpose of obtaining the remaining Military Cryptanalytics volume(s), as well as a "pattern and practice" claim against the NSA. This last legal claim is particularly important. As described above, the NSA drags its heels on FOIA requests, outlasting all but the most resolute opponents. But any time a hardy soul manages to push his case close to a court decision, the NSA can turn around at the last moment and say, "here are the materials you requested." The case would then officially become moot because the request was finally honored, and no court decision stating that the NSA engages in obstructive and delaying practices would ever issue. This sorry result can be avoided by the claim that NSA engages in a "pattern and practice" of obstructing and delaying FOIA requests for cryptographic materials. It will survive any such "mooting" move by the NSA, and if Gilmore perseveres, may result in a judicial decision laying some of the NSA's practices bare on the public record. If Gilmore and his attorney Lee Tien succeed, they could end up chipping off a big piece of the NSA wall of darkness. From the look of things, they may still have some arduous going ahead. No matter the decision on the trial court level, the NSA will have many court appeals left, and doubtless ot getting to UUCICO:USERLOG:d:\tbbs\userlog.inx Those interested in cryptography issues may find a new Internet mailing list of interest. A group is physically meeting in John Gilmore's Silicon Valley facilities and has started a mailing list under moderation of Timothy C. May (tcmay@netcom.com). The group includes John Draper (Cap'n Crunch), Tom Jennings, and others interested in cryptography, anonymous mail forwarding techniques, encryption, the Pretty Good Privacy program, and other privacy issues. You can join this mailing list from any service allowing Internet e-mail by sending a message to CYPHERPUNKS-REQUEST@TOAD.COM. [<BI>Lance Rose is an attorney practicing high-tech, computer and intellectual property law in the New York City area, and is available on the Internet at elrose@well.sf.ca.us and on CompuServe at 72230,2044. He works with shareware publishers, software authors, system operators, technology buyers, interactive media developers, on-line database services and others in the high technology area. He is also author of the book SYSLAW, a legal guide for bulletin board system operators, available from PC Information Group (800)321-8285. - Editor<D>]
Some ideas on just how "public" public servants' communication is have been raised here.
I have to concur. ALL documents produced by a public official operating an email system on public time and in pursuit of public policy (e.g. a White House official) should be subject to scrutiny and should not be considered as that person's private property. (deltorto@aol.com)
I'd like to take this a bit further. The new emerging technology of global networking is a means for previously uninfluential citizens to take back control of our governments. Is it just me, or does it seem like the US version is way out of control? Growing uncontrollably like a cancerous tumor? As a citizen of this country I am vehemently irate at public servants who use their positions and influence to thwart their own laws (e.g. Congress is exempt from many laws it passes). There seems to be a real undercurrent of stonewalling everywhere, and the insideous attitude that the public is not who you serve, but who you mislead to get more money or power. Why shouldn't every budget of every federal agency be public knowledge? I could see where MY TAX MONEY is being spent. Why shouldn't I be able to determine what any given US public official (elected or unelected) is doing on a given day? What a given agency is accomplishing? Because its impractical? Because it's not my business? HAH! It is not only practical, but will eventually happen. Imagine if all this information were stored in a single unified public database...! As accessable as a library book? Imagine the horrors we would uncover! (Interesting: technology will greater polarize the distinctions of "public" and "private" information.) The possibility of greater control over tax money is here too. Some presidential candidate (I forget who, Perot?) suggested having a box on the tax form that would allow constituents to direct money directly to the federal deficit. Of course, in today's atmosphere of complete fiscal irresponsibility and obfuscation such an idea is completely meaningless. But in the government of tomorrow, we will have must broader control over directing where our tax money will go. Imagine that I was required to spend a certain amount of money on government services (my total taxes) but that I could redirect the actual amounts to agencies (in broad categories) that serve me best. Suppose that even *private companies* could compete for this money on my tax form! It would almost be as if the federal government didn't even exist--our government would be nothing but a method of reallocating money in the most efficient way possible. (Hm, I think I'll give $0.001 to the NSA this year, hehe.) Regarding inefficiency, note the sheer obstacles that "whistleblowers" encounter in our government. Most are lucky to just be demoted. Others are harassed and threatened and fired, or worse. All this for potentially saving money and making an organization more efficient! We need to elevate the whistleblower to heroic status, and encourage every member of the US population to be one if possible. I'm not advocating paranoia or violent revolution, just that we increase our vigilance by increasingly exercising our rightful control with the aid of fresh technological developments. - - -
FRONTAL ATTACK ON THE PUZZLE PALACE by Lance Rose
Since that time, the NSA has steadily cast a pall over public use and knowledge of cryptography, and generally regulated the limits of privacy in this country. It has done so with 40,000 or more active employees, and funding not readily discernible from inspecting Congressional budget lines.
40,000? Is this for real? Does anyone know how this would compare to FBI or CIA? Also, does anyone have a clue on the black budget? The author seems to hint here that while it is not "readily discernible" it might be inferrable. There were a lot of files maintained by the FBI on suspected communists during the McCarthy era. I wonder what delicious little morsels have been squirreled away in the bowels of our massive behemoth? Esp. with the scarily massive capabilities of archival possible with today's storage technologies...
Eric Hughes passed along an article he got, which originally appeared in "Boardwatch": (lots of stuff elided)
FRONTAL ATTACK ON THE PUZZLE PALACE by Lance Rose
(and if you read all the way to the end...)
Those interested in cryptography issues may find a new Internet mailing list of interest. A group is physically meeting in John Gilmore's Silicon Valley facilities and has started a mailing list under moderation of Timothy C. May ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ (tcmay@netcom.com). The group includes John Draper (Cap'n Crunch), Tom Jennings, and others interested in cryptography, anonymous mail forwarding techniques, encryption, the Pretty Good Privacy program, and other privacy issues. You can join this mailing list from any service allowing Internet e-mail by sending a message to CYPHERPUNKS-REQUEST@TOAD.COM.
[<BI>Lance Rose is an attorney practicing high-tech, computer and intellectual
Needless to say to all of you, I don't moderate the list! Jeez, where do they get this stuff? I haven't talked to this guy, so I have no idea where he got this idea. Perhaps he thought my posts were more moderate than others? Obviously he never saw my "Crypto Anarchist Manifesto"! -- .......................................................................... Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@netcom.com | anonymous networks, digital pseudonyms, zero 408-688-5409 | knowledge, reputations, information markets, W.A.S.T.E.: Aptos, CA | black markets, collapse of governments. Higher Power: 2^756839 | Public Key: waiting for the dust to settle.
participants (3)
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Eric Hughes
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ld231782@longs.lance.colostate.edu
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tcmay@netcom.com