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FW: UK Crypto Ban?

daemon@ATHENA.MIT.EDU (Trei, Peter)
Thu Feb 12 19:19:51 1998

From: "Trei, Peter" <ptrei@securitydynamics.com>
To: "'cryptography@c2.net'" <cryptography@c2.net>
Date: Thu, 12 Feb 1998 09:28:33 -0500

Forwarded from cypherpunks.


> -----Original Message-----
> From:	John Young [SMTP:jya@pipeline.com]
> Sent:	Wednesday, February 11, 1998 7:20 PM
> To:	cypherpunks@toad.com
> Subject:	UK Crypto Ban?
> 
> From: Campaign Against Censorship of the Internet
> <cacib@liberty.org.uk>
> To: ukcrypto@maillist.ox.ac.uk
> Date: Tue, 10 Feb 1998 18:18:28 +0100
> Subject:  Key escrow announcement
> 
> 
> A source who is a lobbyist in a non-computer sector has just called me
> to say that Margaret Beckett will be announcing a (compulsory?) key
> escrow program next Tuesday.
> 
> So far I don't have independent confirmation, although Nigel Hickson
> recently said here that he was expecting an announcement "soon".
> 
> Here's hoping we can get it out before the gvt machine controls the
> spin.
> 
> Regards,
> 
> Malcolm Hutty.
> 
> -----------------------------------------------------------------
> Campaign Against Censorship                    Tel: 0171 589 4500
> of the Internet in Britain                     Fax: 0171 589 4522
>                                      e-mail: cacib@liberty.org.uk
> Say NO to Censorship         Web: http://www.liberty.org.uk/cacib
> 
> ----------
> 
> Date: Wed, 11 Feb 1998 23:57:32 +0000
> To: ukcrypto@maillist.ox.ac.uk
> From: T Bruce Tober <octobersdad@reporters.net>
> Subject: More rumours?
> 
> -----BEGIN PGP SIGNED MESSAGE-----
> 
> 
> Free Life Commentary                    
> Editor:  Sean Gabb
> Issue Number Ten
> Tuesday 10th February 1998, 11:20pm
> 
> ==========================
> "Over himself, over his own mind and body, 
> the individual is sovereign"
> (J.S. Mill, On Liberty, 1859)
> ==========================
> 
>            Next Week's British Encryption Ban
>                       by Sean Gabb
> 
> Earlier this evening, I was given confidential information by someone
> close to a British Cabinet Minister.  I am not in the habit of
> speaking
> to such people, let alone having them leak state secrets to me.  But
> that is what happened.  In publishing what I heard, I am now risking a
> prosecution under the Official Secrets Acts - or, more likely, being
> made to look ridiculous if what I predict does not happen.  These
> risks
> being accepted, here is the leak.
> 
> Next Tuesday, the 17th February 1998, the Department of Trade and
> Industry will announce plans to outlaw the use of strong encryption
> software within the United Kingdom.  We are to be encouraged - and
> ultimately forced - to encrypt our e-mail only in ways that will allow
> the authorities to read it.
> 
> My source was vague about the details of the scheme, saying that they
> had not yet been circulated to the full Cabinet.  But I imagine that
> it
> will be more or less a reprint of the Conservative Government's public
> consultation paper of March 1997.  This came to nothing because of the
> change of Government, and it was even hoped that Labour would have a
> more liberal policy on Internet regulation.  However, Margaret
> Beckett,
> the Minister now responsible for trade and industrial policy, is
> neither
> bright nor forceful; and she was early captured by the officials who
> in
> theory are supposed to do her bidding.  If next Tuesday's consultation
> paper differs at all from the last one, it will be only in matters of
> small detail and presentation.  For this reason, it is probably safe
> to
> take the last paper as a guide to what we can expect.
> 
> The Government will propose creating a network of what are called
> Trusted Third Parties, or TTPs.  These are to be organisations
> licensed
> to provide encryption services to the public - that is, software,
> consultancy and other support.  Because they have been licensed by the
> State, we are to be encouraged to believe that they really are
> trustworthy - that they are not distributing bad encryption software,
> or
> robbing their clients in other ways.  But just in case we decide not
> to
> believe any of this, it will be made illegal for any unlicensed person
> to offer encryption services.  Here, it is worth quoting from last
> year's consultation paper:
> 
>     The legislation will prohibit an organisation from offering or
> providing encryption services to the UK public without a licence.
> Prohibition will be irrespective of whether a charge is made for such
> services.  The offering of encryption services to the UK public (for
> example via the Internet) by an unlicensed TTP outside of the UK will
> also be prohibited.  For this purpose, it may be necessary to place
> restrictions on the advertising and marketing of such services to the
> public.
> 
> Enacted into law, this would make it illegal for me to copy encryption
> software from my hard disk for a friend, and for computer magazines to
> include it on their free cover disks.  It would also allow a strict
> supervision of the material and the links given access to by British
> sites on the World Wide Web.
> 
> The paper never clarifies why we need TTPs in the first place, or why
> -
> their need granted - they can only be trusted if licensed by the
> State.
> But it does say a lot about law enforcement and national security.
> Or,
> to be more accurate, it does say a lot in the usual code about the
> need
> to fill in any last potholes on the road to a British police state.
> 
> Starting with the Interception of Communications Act 1985, the British
> State has given itself powers of surveillance that a Third World
> dictator might envy.  It can tap our phones on the word of a Minister.
> It can burgle our homes and leave recording devices behind on the word
> of a senior policeman.  It can trawl through and inspect any records
> on
> us held by any organisation.  It can do all this without our
> knowledge,
> and without any effective system of appeal and redress.  The relevant
> laws are careful to describe the permissions for this as "warrants".
> But they really are no more than what in France before the Revolution
> were called Lettres du Cachet - things that our ancestors boasted did
> not and could not exist in the freer air of England.
> 
> The spread of personal computers seemed likely at first to extend the
> scope of surveillance still further.  This had until then been limited
> by cost.  For all the theoretical risks, sending letters in sealed
> envelopes through the post has always been reasonably secure:  the
> costs
> of interception can only be justified in exceptional cases.  For the
> same reason, most private papers are safe.  But the routing of an
> increasing amount of mail through the Internet promised to bring down
> the costs of surveillance to the point where everyone could be
> watched.
> The storage of records on computers connected to the Internet promised
> to make it possible for the authorities to spy on people by remote
> control.
> 
> The problem is the development of strong encryption software like pgp,
> and its growing popularity among millions of ordinary people who,
> though
> not criminals, have a strong regard for privacy.  It allows us to keep
> our e-mail and private records secret to all but the most determined
> and
> expensive attacks.  It gives to us the benefits of instant
> communication
> and mass data storage, but keeps the authorities - despite their new
> powers of surveillance - no better informed than in the old days of
> due
> process and envelope steaming.
> 
> Therefore all the talk of Trusted Third Parties.  The terms of their
> licences will require them to sell encryption software with keys that
> cannot be modified by their clients, and to collect and store copies
> of
> these keys for handing over to the authorities.  Last year's document
> is
> full of promises about "strict safeguards" and the like.  But the
> reality is this:
> 
>     The legislation will provide that the Secretary of State may issue
> a
> warrant requiring a TTP to disclose private encryption keys... or a
> body
> covered by that warrant.
> 
> No mention of judicial involvement at the time, or judicial review
> afterwards - just more police state commands.
> 
> We can ignore anything the Government parrots next week about law
> enforcement and national security - or, for that matter, child
> pornography and complex fraud.  These really are just code words.  If
> I
> were a criminal, or a terrorist, or a foreign spy, the last encryption
> software I would use would come from a Trusted Third Party.  Strong
> encryption packages are available all over the Internet, or can pass
> from hand to hand on a single floppy disk.  Nor would I worry much
> about
> laws against the transmission of data encrypted with unlicensed
> software.  There are ways of keeping the authorities from even knowing
> that an Internet message contains encrypted data.
> 
> Somewhere, I have an early version of a program called Steganography,
> created by Romana Machado.  This takes an encrypted text and merges it
> into a graphics file.  My version produces a visible degradation of
> picture quality.  Almost certainly, the newer releases have solved
> this
> problem.  Assuming I had them, and were sufficiently unpatriotic -
> neither applies in my case, let me add - I could e-mail this country's
> battle plans straight off to Saddam Hussain merged invisibly into a
> picture of my dog.  GCHQ would never notice until the Scud missiles
> began landing on Cheltenham.
> 
> No - the encryption ban will be aimed at us, the honest public.  We
> are
> the people who tend to respect the law - or at least to be afraid of
> it
> enough to comply in most cases.  It is our privacy that is to be
> stripped away.  It is we who are to become like Winston Smith, living
> for every moment when the telescreens are not monitoring our facial
> expressions.
> 
> Why this is desired I cannot say.  But we are living though an age of
> withering trust in the common people.  In this country, we are not
> trusted to possess guns for our self-defence - or indeed to carry
> carpet
> knives locked inside our cars.  We are not trusted to choose and
> administer our own medicines, or to bring up our own children in the
> manner of our choice, or to decide whether or not oxtail soup might be
> bad for us.  Plugging in the telescreens is only a logical next step.
> 
> Normally, when I write on these issues, I work myself into a frenzy of
> pessimism.  At the moment, though, I feel rather optimistic.  Next
> Tuesday's proposals will cause an uproar.  This will not come from the
> so-called civil liberties groups like Liberty - excepting a few small
> bodies like the Libertarian Alliance, they have all been taken over by
> New Labour apparatchiks who can be trusted to keep their mouths shut.
> It will come from the big business interests.
> 
> British Telecom is the third or fourth largest telecommunications
> company in the world.  If operates in more than 40 markets, often
> needing to provide its clients with very secure networks.  In the City
> of London there are more representative offices of foreign banks than
> in
> the rest of the European Union combined.  These have a taste for
> confidentiality.  There are many other large interests - all paying
> billions in taxes, all likely to be very hostile to any scheme that
> will
> make them appear less useful to foreign clients.  We have a Labour
> Government that still needs to establish itself in the public mind as
> a
> party friendly to business.  These facts can surely be trusted to
> ensure
> the dropping of a scheme that would not merely turn the country into a
> full police state, but also do the greatest damage to British business
> since nationalisation.
> 
> Or so I hope.
> ==========================
> Free Life Commentary is an independent journal of comment, published
> on
> the Internet.  To receive regular issues, send 
> e-mail to Sean Gabb at old.whig@virgin.net
> 
> Issues are archived at
> 
>         <http://freespace.virgin.net/old.whig/>
> 
> Contact Address:                        25 Chapter Chambers, 
>                                         Esterbrooke Street, 
>                                         London, SW1P 4NN; 
>                                         Telephone:  0181 858 0841
> 
> If you like Free Life Commentary, you may also care to subscribe to my
> longer, hard copy journal, Free Life, subscription details for which
> can
> be obtained by writing to me at the above address.
> 
> ==========================
> Legal Notice:  Though using the name Free Life, this journal is owned
> by
> me and not by the Libertarian Alliance, which in consequence bears no
> liability of whatever kind for the contents.
> - -- 
> Sean Gabb                               | "Over himself, over his own
> |
> E-mail:  old.whig@virgin.net            | mind and body, the
> individual| 
> <http://freespace.virgin.net/old.whig/> | is sovereign"
> |
> Mobile Number: 0956 472199              | J.S. Mill, On Liberty, 1859
> |
> 
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> 
> 
> tbt -- 
> -- 
> |Bruce Tober, octobersdad@reporters.net, Birmingham, England
> +44-121-242-3832|
> |       Freelance PhotoJournalist - IT, Business, The Arts and lots
> more     |
> |pgp key ID 0x94F48255. Website -
> http://www.homeusers.prestel.co.uk/crecon/ |

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