Building in Big Brother: The Cryptographic Policy Debate

564 Pages·1995·17.684 MB·English

by  Lance J. Hoffman (auth.), Lance J. Hoffman (eds.)

BUILDING IN BIG BROTHER
BUILDING IN BIG BROTHER
The Cryptographic Policy Debate
Edited by
Lance J. HoHman
Institute for Computer and Telecommunications Systems Policy and
Department of Electrical Engineering and Computer Science
School of Engineering and Applied Science
The George Washington University
Springer-Verlag
New York Berlin Heidelberg London Paris
Tokyo Hong Kong Barcelona Budapest
Lance J. Hoffman
Dept. of Electrical Engineering and Computer Science
The George Washington University
Washington, DC 20052 USA
Cover illustration by John Plunkett with apologies to Antonio Prohias. (Spy vs. Spy
characters are © E.C. Publications Inc. 1994 and are used with the kind pennission of
MAD magazine.) This illustration first appeared on the cover of the June 1994 issue of
WIRED magazine. © 1994 Wired Ventures Ltd. All rights reserved.
Library of Congress Cataloging-in-Publication Data
Building in big brother: the cryptographic policy debate / edited by
Lance J. Hoffman.
p. cm.
Includes bibliographical references.
ISBN 978-0-387-94441-8
1. Computer security. 2. Cryptography. I. Hoffman, Lance J.
QA76.9.A25B85 1995
363.2'52--dc20 95-3758
Printed on acid-free paper.
© 1995 Springer-Verlag New York, Inc.
Reprint of the original edition 1995
All rights reserved. This work may not be translated or copied in whole or in part without
the written pennission of the publisher (Springer-Verlag New York, Inc., 175 Fifth
Avenue, New York, NY 10010, USA), except for brief excerpts in connection with reviews
or scholarly analysis. Use in connection with any fonn of infonnation storage and re
trieval, electronic adaptation, computer software, or by similar or dissimilar methodol
ogy now known or hereafter developed is forbidden.
The use of general descriptive names, trade names, trademarks, etc., in this publication,
even if the fonner are not especially identified, is not to be taken as a sign that such
names, as understood by the Trade Marks and Merchandise Marks Act, may accordingly
be used freely by anyone.
Production managed by Impressions, a division of Edwards Brothers, Inc. and supervised
by Karen Phillips; manufacturing supervised by Jacqui Ashri.
Typeset by Impressions, a division of Edwards Brothers, Inc.
9 8 7 6 5 432 1
ISBN-13: 978-0-387-94441-8 e-ISBN-13: 978-1-4612-2524-9
001: 10.1007/978-1-4612-2524-9
ISBN 978-0-387-94441-8 Springer-Verlag New York Berlin Heidelberg
To Nina
Preface
The announcement of the Clipper chip by the U.S. Government in April
1993 set off a frenzy of discussions about cryptography policy in the
technological community. The shock waves from it ultimately included
front page treatment in The New York Times, repeated questions to
the Vice President, creation of several new newsgroups on the Internet,
and some very productive public discussions about striking the balance
between national security, law enforcement, and civil liberties.
We still don't have good answers for some of the questions that
have been raised. As the Global Information Infrastructure is being
built, we are writing portions of the Constitution for Cyberspace. I've
been fortunate to have a front row seat and to share much of this with
my students.
The original reading and selection of materials was made by the
first cohort of students* in The George Washington University Accel
erated Master of Science Program in Telecommunications and Com
puters at the Ashburn, Virginia campus. They worked many long
hours-reading, debating, and selecting materials for this book. In
addition, Bob Patton spent a great deal of time scanning and editing
the material. Nestor Torres prepared the index. And Harish Nalinak
shan provided an enormous amount of technical and administrative
assistance and kept the project on track as new developments took
place in the debate and new papers and legislation reflected these.
As with most readings books, some of the selections cover similar
material. We have tried to hold this duplication to an acceptable level.
The original source of each article is noted with the article itself. In a
few cases, previously unpublished material is making its debut in these
pages.
By bringing together the most significant policy and technological
viewpoints in one place, we hope to move the debate along and to arrive
at a rational cryptographic policy to support the developing Global In
formation Infrastructure.
Lance J. Hoffman
Washington, D.C.
November 1994
* Amjad (Jim) Arnous, Raleigh Baker, Cameron Craig Berry, Edward Paul Black,
Christopher Bondi, Dan Byrne, John Morgan Day, Bruce Fleming, Raul Fumagali, Mi
chael George, Lester Gregory, Lawrence Guidry, Michael Hassien, Leroy Jeter, Kim Law
son-Jenkins, Ralph Leyrer, John McRae, Richard Mendelowitz, Husni (AI) Naja, Suparak
Pathammavong, Everett Ray, Randall Root, Marie Wai Tai, Farley Warner, Jr., Jack
Wiiki.
vii
Contents
Preface vii
Contributors xv
Introduction 1
PART I Background 5
CHAPTER 1 Cryptography (from Julius Caesar through Public Key
Cryptosystems): Methods to Keep Secrets Secret 7
1 Encryption 10
Deborah Russell and G. T. Gangemi, Sr.
2 Data Encryption Devices: Overview Technology Analysis 24
Rebecca J. Duncan, Datapro Information Services Group
3 Answers to Frequently Asked Questions about Today's
Cryptography 33
RSA Laboratories
4 Cryptography in Public: A Brief History 41
Association for Computing Machinery, U.S. Public Policy Committee
5 Internet Privacy Enhanced Mail 51
Stephen T. Kent
6 Privacy in Today's Wireless Environment 76
Kim Lawson-Jenkins
7 Federal Information Processing Standards Publication 186 (1994
May 19): Specifications for the Digital Signature Standard (DSS) 84
U.S. Department of Commerce, Technology Administration, National Institute
of Standards and Technology
8 Federal Information Processing Standards Publication 180 (1993
May 11): Specifications for the Secure Hash Standard (SHS) 87
U.S. Department of Commerce, Technology Administration, National Institute
of Standards and Technology
9 Pretty Good Privacy: Public Key Encryption for the Masses 93
Philip Zimmermann
ix
x CONTENTS
CHAPTER 2 Key Escrow Cryptosystems: Keeping Secrets Secret
Except When. .. 109
1 The u.s. Key Escrow Encryption Technology 111
Dorothy E. Denning
2 SKIPJACK Review: Interim Report 119
Ernest F. Brickell, Dorothy E. Denning, Stephen T. Kent, David P. Maher, and
Walter Tuchman
3 Protocol Failure in the Escrowed Encryption Standard 131
Matt Blaze
4 CAPSTONE Chip Technology 147
National Institute of Standards and Technology
5 Fair Cryptosystems 149
Silvio Micali
6 Software Key Escrow: A Better Solution for Law Enforcement's
Needs? 174
Stephen T. Walker
7 A New Approach to Software Key Escrow Encryption 180
David M. Balenson, Carl M. Ellison, Steven B. Lipner, Stephen T. Walker
8 International Key Escrow Encryption: Proposed Objectives and
Options 208
Dorothy E. Denning
PART II Current Government Policy 227
CHAPTER 3 The U.S. Government Policy Solution: Key Escrow
Cryptosystems, Policies, Procedures, and Legislation 229
1 Statement of the Press Secretary 232
The White House, Office of the Press Secretary
2 Statement of the Vice President 235
The White House, Office of the Vice President
3 Vice President's Letter to Representative Maria Cantwell 236
Albert Gore
CONTENTS xi
4 Encryption-Export Control Reform 239
Martha Harris
5 Attorney General Makes Key Escrow Announcements 241
u.s. Department of Justice, Office of the Attorney General
6 Authorization Procedures for Release of Encryption Key Components
in Conjunction with Intercepts Pursuant to Title III and FISA 243
u.s. Department of Justice
7 Encryption Standards and Procedures Act of 1994 247
Staff, Committee on Science, Space, and Technology, U.S. House of
Representatives
8 Comments on Encryption Standards and Procedures Act 257
Electronic Privacy Information Center
CHAPTER 4 The Policy Debate: How Controlled a Global Information
Infrastructure do We Want, and Who Decides' 263
1 The Cypherpunks vs. Uncle Sam 266
Steven Levy
2 Testimony Before the Subcommittee on Technology, Environment,
and Aviation of the Committee on Science, Space, and Technology of
the U.S. House of Representatives 284
Dorothy E. Denning
3 Wiretaps for a Wireless Age 292
David Gelernter
4 Don't Worry Be Happy 295
Stewart A. Baker
5 So, People, We Have a Fight on Our Hands 302
Bruce Sterling
6 Jackboots on the Infobahn 307
John Perry Barlow
7 'Secret' Agency Steps Over the Line 316
Washington Technology
8 A Closer Look on Wiretapping 318
New York Times Editorial
xii CONTENTS
PART III Aspects of Cryptographic Policy 321
CHAPTER 5 Law Enforcement: What Does It Cost to Commit a Perlect
Crime? 323
1 Digital Telephony and Communications Privacy Improvement Act of
1994 325
103rd Congress, 2nd Session
2 Summary Statement before the Subcommittee on Technology and
the Law of the Committee on the Judiciary, United States Senate and
the Subcommittee on Civil and Constitutional Rights of the
Committee on the Judiciary, House of Representatives 343
Louis J. Freeh
3 EFF Statement on and Analysis of Digital Telephony Act 354
Electronic Frontier Foundation
4 EPIC Statement on Wiretap Bill 362
Electronic Privacy Information Center
5 Benefits and Costs of Legislation to Ensure the Government's
Continued Capability to Investigate Crime with the Implementation
of New Telecommunications Technologies 364
Department of Justice
6 Digital Telephony-Cost-Benefit Analysis 385
Betsy Anderson, Todd Buchholz
7 Digital Telephony-Cost-Benefit Analysis 387
David McIntosh, James Gattuso
8 Digital Telephony-Cost-Benefit Analysis 389
Ron Levy
CHAPTER 6 Civil Uberties: Safeguarding Privacy (and More) in a Digital,
Tappa&/e Age 391
1 The Impact of a Secret Cryptographic Standard on Encryption,
Privacy, Law Enforcement and Technology 393
Whitfield Diffie
2 Genie Is Out of the Bottle 400
William M. Bulkeley
3 DPSWG Letter to President Clinton on Clipper 406
Digital Privacy and Security Working Group
CONTENTS Xlll
4 Cryptographic Issue Statements: Letter to the Computer System
Security and Privacy Advisory Board 409
American Civil Liberties Union
5 The Constitutionality of Mandatory Key Escrow-A First Look 413
A. Michael Froomkin
6 Review and Analysis of U.S. Laws, Regulations, and Case Laws
Pertaining to the Use of Commercial Encryption Products for Voice
and Data Communications 435
James Chandler, Diana Arrington, Lamarris Gill, and Donna Berkelhammer
7 On Blind Signatures and Perfect Crimes 449
Sebastiaan von Solms and David Naccache
CHAPTER 7 Export Policy: Prudent Controls in a Risley World or Making
the World Sale for Foreign Competition? 453
1 Encryption's International Labyrinth 456
David S. Bernstein
2 Federal Policy Impact on U.S. Corporate Vulnerability to Economic
Espionage 460
Geoffrey W. Turner
3 Testimony Before the Committee on the Judiciary Subcommittee on
Technology and the Law of the United States Senate 477
Stephen T. Walker
4 Technology and Software Controls 507
Larry E. Christensen
5 State Department Ruling on Cryptographic Export Media 535
United States Department of State
6 Constitutionality Under the First Amendment of ITAR Restrictions
on Public Cryptography 537
John M. Harmon
Afterword 549
List of Acronyms 553
Index 555