[iwar] [fc:Disputes.on.Electronic.Message.Encryption.Take.On.New.Urgency]

From: Fred Cohen (fc@all.net)
Date: 2001-09-25 16:23:27


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Subject: [iwar] [fc:Disputes.on.Electronic.Message.Encryption.Take.On.New.Urgency]
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New York Times

Disputes on Electronic Message Encryption Take On New Urgency

September 25, 2001 

By JOHN SCHWARTZ

The attacks on the World Trade Center have reawakened a debate on how
strongly the public — and by extension terrorists and other criminals —
should be able to encrypt their electronic messages. 

The technology of scrambling data and messages has become a crucial
element of computer security for businesses and consumers alike. 
Officials of law enforcement and intelligence agencies have long warned
lawmakers that they were unable to break the strongest encryption
products, and that crimes eventually would be committed that might
otherwise have been prevented. 

"We can give our codebreakers all the money in the world, but the
technology has outstripped the codebreakers," said Senator Judd Gregg,
Republican of New Hampshire, who has met with Attorney General John
Ashcroft and other officials to get encryption limits on the legislative
agenda. 

The F.B.I.  has not said publicly whether the hijackers who attacked the
World Trade Center and the Pentagon even used encryption to cloak their
communications.  But Philip R.  Zimmermann, the creator of one of the
most popular encryption programs, known as P.G.P., for Pretty Good
Privacy, said that he would be surprised if this were not the case. 

"I just assumed somebody planning something so diabolical would want to
hide their activities using encryption," Mr.  Zimmermann said. 

Senator Gregg said he will not make a specific legislative proposal
until he sees what Attorney General Ashcroft includes in the final
version of his broad anti-terrorism bill.  But he said he wanted to see
legislation to order encryption companies that sell products in the
United States to include a back door that would allow government access
when "a bad guy or a terrorist" uses encryption.  "Law enforcement
agencies, after pursuing proper law enforcement restrictions, will have
access" to the encrypted data, he said. 

Proposals for such systems, known as "key escrow" because a key that
unlocks encrypted messages would be stored and made available to law
enforcement, were the subject of bitter debate in the mid- 1990's.  The
Clinton administration proposed a technology popularly known as the
"Clipper Chip" that would provide back- door access for law enforcement,
and also restricted the export of strong encryption products by American
firms. 

Over time, however, the administration's two-pronged encryption
initiative failed.  Companies and consumers said they would not use a
product that had government access built in, and argued that criminals
surely would not; the trove of escrowed keys, they argued, would itself
become a prime target of hackers and spies. 

Also, encryption companies were able to show that foreign competitors
were already producing strong encryption products that rendered any
export ban useless.  By the end of the Clinton administration, the
Clipper proposal was dead and the export controls were largely lifted. 

To experts like Dorothy E.  Denning, a professor of computer science at
Georgetown University who supported the Clinton administration's key
escrow efforts, the issue was properly settled and should not be
reopened. 

"We had all those debates a few years ago at a time when we could
rationally debate it — the consensus really emerged," said Professor
Denning, "that regulating encryption wasn't the right thing to do."

But Senator Gregg argued that the issue should, in fact, be reopened. 
"This is an attempt to find a functional approach to this that both
sides can agree with," he said. 

He is recommending that Congress create a "quasi-judicial" body
appointed by the Supreme Court that would handle subpoenas for
encryption keys to avoid one of the objections to the original Clinton
administration plan.  But he also acknowledged that criminals and
terrorists would find alternatives to any escrowed system. 

"Nothing's ever perfect," he said.  "If you don't try, you're never
going to accomplish it.  If you do try, you've at least got some
opportunity for accomplishing it."

For Mr.  Zimmermann and many other programmers who have brought
encryption products to market, the Sept.  11 attacks brought reflection
on the balance between the good uses of encryption and the bad. 

"Did I reexamine the question? Of course I did," he said.  "But after
some reflection, the conclusion is still the same."

"I have no regrets," said Mr.  Zimmermann, whose product was distributed
free of charge via the Internet.  "I did this for human rights 10 years
ago, and today every human rights group uses it.  And I feel very good
about that."

A newspaper article last week suggested that Mr.  Zimmermann felt guilty
about P.G.P., but he said the account, which appeared in The Washington
Post (news/quote), misrepresented his views; he had only said that he
felt bad that his technology might have been used for evil ends, "the
way that the Boeing (news/quote) engineers felt bad that their airplanes
were used" to commit the attacks, he said. 

Last week a group of 150 civil liberties organizations from across the
political spectrum urged lawmakers to consider with caution any measures
that might reduce the rights of citizens.  The coalition stressed what,
in a statement, it called the "need to consider proposals calmly and
deliberately with a determination not to erode the liberties and
freedoms that are at the core of the American way of life."

<a href="http://www.nytimes.com/2001/09/25/technology/25CODE.html?ex=1002454000&ei=1&en=4935b0e058c7bc58">http://www.nytimes.com/2001/09/25/technology/25CODE.html?ex=1002454000&ei=1&en=4935b0e058c7bc58>

Copyright 2001 The New York Times Company

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