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Re: German Official Pleas for Strong Encryption

daemon@ATHENA.MIT.EDU (Axel H. Horns)
Tue Jul 8 14:27:56 1997

To: cryptography@c2.net
Date: Tue, 8 Jul 1997 20:07:18 +0100
From: Horns@t-online.de (Axel H. Horns)

On  8 Jul 97 at 10:30, Donald Weightman wrote:

> Anyone know how the new German legislation deals with
> encryption?

There are no crypto rules. The new Act on Digital Signatures defines 
a non-mandatory infrastructure of TTPs, but does not have any GAK 
provisions, see e.g.

   http://www.horns.netplace.de/iukdg/sigge.htm

In particular, the TTPs are not allowed to hold any private keys. If 
legal regulations concering strong cryptography should ever come up 
in Germany, this would require a separate bill. Up to now, no draft
thereof has come to the public, although there were significant rumors 
at the end of 1996 that such bill is under preparation. Maybe that a 
very strong opposition of business crypto stakeholders in the first 
half of 1997 has stopped that move. Representatives of FDP have said 
that they would oppose any restrictive crypto act.

However, we should be aware that at any time strong forces from the 
right wings of CDU/CSU as well as of SPD might again open the crypto 
battle, maybe utlizing some act of big crime having use of crypto 
involved. If e.g. a big blackmail crime would happen making use of
anonymity which is provided by some crypto techniques via the 
Internet, this might be the signal for launching an emotionally biased
campaign.

Axel H. Horns

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