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- Path: sparky!uunet!mcsun!julienas!chorus!octave.chorus.fr!jloup
- From: jloup@chorus.fr (Jean-loup Gailly)
- Newsgroups: sci.crypt
- Subject: Re: Non-U.S. crypto laws
- Message-ID: <1538@chorus.chorus.fr>
- Date: 23 Dec 92 16:31:09 GMT
- References: <1992Dec21.203915.14465@netcom.com> <1992Dec22.163810.28727@rna.indiv.nluug.nl> <1992Dec23.102520.12671@dde.dk>
- Sender: jloup@chorus.chorus.fr
- Reply-To: jloup@chorus.fr (Jean-loup Gailly)
- Organization: Chorus systemes, Saint Quentin en Yvelines, France
- Lines: 87
-
- Several people have made incorrect statements about French laws on
- cryptography. I already posted detailed references in this newsgroup
- two months ago (28 Oct), but it might be useful to post them again:
-
- The "decret du 18 avril 1939" defines 8 categories of arms and munitions
- from most dangerous (1st category) to least dangerous (8th).
-
- The "decret 73-364 du 12 mars 1973" specifies that cryptography
- equipment belongs to the second category. Any usage of such equipment
- requires authorization from the Prime minister. The authorization
- cannot be given to people who have committed a crime, or to alcoholic
- people. (If you want to encrypt your email, don't drink :-)
-
- The "decret 86-250 du 18 fev 1986" extends the definition of
- cryptography equipment to include software. It specifies that each
- request for authorizing professional *OR PRIVATE* usage of the
- equipment must be sent to the minister of the PTT (telecommunications).
- The request must include a complete and detailed description of the
- "cryptologic process", and if this is materially possible, of two
- copies of the envisaged equipment. My understanding is that
- "cryptologic process" only means the encryption algorithm, but not the
- secret key.
-
- The "loi 90-1170 du 29 decembre 1990" states that export *OR USE*
- of encryption means must be
- - previously declared when used only for authentication
- - previously authorized by the Prime minister in all other cases
- The fines go up to 500 000F (about $100,000) and three months
- in jail.
-
- The French law is much more restrictive than in the US, since I think
- it legal (up to now!) in the US to use encryption without prior
- authorization from the government. However the French law does not
- seem to be enforced at all.
-
-
- Now some comments on previous postings.
-
- gerben@rna.indiv.nluug.nl writes:
-
- >France:
- > A law has been passed, stating you need a permit to use cryptohgraphic
- > soft- or hardware. But the law is not in effect yet, because they
- > still have been unable to think of a workable scheme to implement
- > it. So currently, it is legal, but it might become illegal as soon
- > as the implementation has been arranged.
-
- This is incorrect. A law is in effect as soon as it is published in
- the "Journal Officiel". The "loi du 29 dec 1990" has been published on
- Dec 30th, 1990 and is consequently in effect.
-
-
- Claus Tondering <ct@dde.dk> writes:
-
- > I don't get this. If cryptographic SW or HW is illegal, how do you define
- > cryptography. If I invent another character set and translate from ASCII
- > to this new character set, will I be breaking French law? [...]
- > What about binary files? How can anyone tell the difference between a
- > binary file (containing, for example, a compiled version of a program)
- > and an encrypted text?
-
- Art. 28 of the above mentioned law (29 dec 1990) defines cryptography
- in the following terms:
-
- A cryptologic process is defined as any process designed to transform
- using secret conventions a clear information or signal into an information
- or signal unintelligible by third parties, or to perform the inverse
- operation, using means, hardware or software conceived for this purpose.
-
- Alternate character sets and compiled programs clearly do not fall in
- this category.
-
-
- Vesselin Bontchev <bontchev@fbihh.informatik.uni-hamburg.de> writes:
-
- > I've heard strange things about France - that even the import of
- > encrypted information is prohibited (unless to passes the country in
- > transit, which is allowed), but I do not it for sure, so I am unable
- > to comment on it.
-
- Import of encryption *equipment* (not encrypted data) is prohibited by
- the "decret du 18 avril 1939", art. 11. However the "loi du 29 dec 1990"
- only restricts use or export, not import. There are no restrictions
- on import of encrypted data.
-
- Jean-loup Gailly
- jloup@chorus.fr
-