Ethical Issues with Cryptography Regulation  Assistance to law enforcement AND  Threats to privacy  Unfair search of property  Obstruction of free speech  Ineffective regulations

The Last Decade  DES 56-bit (1977)  1993 Clipper Chip 1: Key Escrow  1995 Clipper Chip 2: Allow Export of Key Escrow  1996 Clipper Chip 3: Proposed Key Management  1998 Increased bit-length allowance  1999 Major reform announced  2000 Reform enacted: Export Restrictions Lifted

Which side do you prefer?  Increased National Security through government monitoring of communications  Freedom to communicate without eavesdropping  Safer computer systems through better development and deployment of encryption

Reasons to Fear the Government  1950’s: Government identified 26,000 “potentially dangerous” persons who should be rounded up in the event of a “national emergency”  1960’s: Army created files on about 100,000 civilians  : CIA opened and photographed about 250,000 first class letters within the U.S. and compiled a 1.5 million name database.  1990’s: Hundreds of IRS employees caught snooping in files of in- laws, neighbors, etc.  What else?

Restrictions Have Failed to Help Anyone  Cannot prohibit external development of cryptography  Cannot prevent criminal export of cryptography  Other mediums of export are less secure: –Physical transport –Books

The Government Versus...

Updated Regulations: January 13, 2000  Rests on 3 principals –One-time technical review of products in advance of sale –Steamlined post-export reporting system –Government review of strong encryption to foreign powers  Unlimited key length can be exported after review  64-bit and under is freely exportable  Authorize $80 million to FBI against use of encryption by criminals

Analysis  Restricting export has not restricted international use of encryption  Unclear that encryption regulations hinder crime  Universal Declaration of Human Rights correctly includes a right to privacy.  Individuals should have right to choose any security option