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- Newsgroups: sci.crypt
- Path: sparky!uunet!usc!cs.utexas.edu!milano!cactus.org!ritter
- From: ritter@cactus.org (Terry Ritter)
- Subject: Re: Limits on the Use of Cryptography?
- Message-ID: <1992Nov16.090434.24712@cactus.org>
- Organization: Capital Area Central Texas UNIX Society, Austin, Tx
- References: <1992Nov11.061210.9933@cactus.org> <lgdbbbINNrfv@exodus.Eng.Sun.COM>
- Date: Mon, 16 Nov 1992 09:04:34 GMT
- Lines: 114
-
-
- In <lgdbbbINNrfv@exodus.Eng.Sun.COM>
- jfarrell@cloudbase (Jerry Farrell) writes:
-
- >It seems to me there are three
- >usable arguments that have come up so far, of varying applicability.
-
- >1) Futility. The means to strong encryption are readily available from
- >numerous sources within and without the country. Pre-registration would
- >not prevent the use of secure channels by parties willing to break the
- >law; quite possibly, it would only be detectable by an abuse on the part
- >of snooping authorities.
-
- If the goal of pre-registration was to prevent the use of non-
- registered keys, that would indeed be futile.
-
- However, if the goal was to offer an alternative penalty for those
- who successfully use cryptography to hide evidence of their crimes,
- pre-registration could be quite effective.
-
- Be sure you have identified the real goal when you evaluate how
- effective such a law would be.
-
-
- >Post-facto demands for a key could be met by
- >stonewalling or legitimate ignorance of a session key; a simple "I
- >don't rmember" sufficed for James R. Hoffa, and would likely reappear
- >as needed.
-
- I expect that this is the case now. Consequently, this can be
- taken as an argument for new legislation similar to financial
- record-keeping requirements.
-
-
- >And the penalty for failure to provide a key on (warranted)
- >demand would very likely be less than the penalty for the hidden crime;
- >we could expect some people to accept jail for contempt (or whatever)
- >in lieu of revealing the keys LE would *really* like to see.
-
- Actually, I'm not sure that law-enforcement is as much interested
- in *really* socking it to major criminals (how many life sentences
- is enough, anyway), as they would be in getting access to
- enciphered records. Unfortunately, *that* is just not in the cards
- no matter what laws are passed. It is crucial that we make it clear
- that new laws *cannot* solve this particular problem.
-
- On the other hand, cryptography regulations could result in a quick
- and easy prosecution, which, given our current situation, could be
- worth a lot to law enforcement.
-
-
- >2) Potential for abuse.
-
- I think we should dig in and fight *very* hard for a system which
- minimizes the potential for abuse. Frankly, I think it is worth
- considering a pre-emptive industry program (message key archiving
- in all commercial equipment), in an attempt to avoid regulations
- which could support potential abuse.
-
-
- >3) Restraint of progress.
- > a. Much of the most interesting research in the use of cryptography
- > involves one-time or session keys.
-
- Session keys (a.k.a. message keys) have been around for decades;
- even I used them in my CLOAK cipher several years ago.
-
-
- >The user is hardly expected to know,
- > far less retain these keys.
-
- A possible need to retain message keys is one of the things I
- referred to with respect to possible new requirements in
- cryptosystem design.
-
-
- A requirement to produce such keys on
- > demand effectively prohibits protocols where that is impractical.
- > This in turn severely restricts the use of electronic media in
- > domains where privacy, authentication, and accountability are critical.
-
- I would like to hear of some cases in which archiving message keys
- would be impractical. Although I ended up using 992 bit (124 byte)
- message keys in CLOAK, I can think of no real reason for them to be
- over, say, 96 bits (12 bytes). A little 2.5" drive could store
- millions of them. Perhaps even a write-once semiconductor device
- could be used and replaced periodically, just like a battery.
-
-
- >It seems to me the arguments against pre-registration are quite strong,
- >perhaps even strong enough to sway a drug-crazed congress.
-
- I can understand your feeling here, but if we treat these people
- as ignorant enemies, we can hardly expect them to respect our
- wishes, now can we? Not only do we need to treat them with
- respect, we actually owe them enough real respect to realize that
- they must deal with interests other than our own, which just might,
- in the end, be more important to the country.
-
-
- >That is, as long as it is a legitimate response to a warrant for my keys
- >to say "I don't know them; I threw them all away as soon as the session
- >ended" or "I never knew them", I'm not sure I'd object to such a warrant
- >issuing (except as a taxpayer concerned about the waste of my dollars on
- >on futile pursuits).
-
- Can you imagine being able to avoid revealing your tax records
- like this? The government does impose serious record-keeping and
- disclosure requirements right now; this is neither a new function
- of government, nor a new sort of requirement for citizens.
-
- ---
- Terry Ritter ritter@cactus.org
-
-