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[ISN] France tell NSA to shove it (fwd)

daemon@ATHENA.MIT.EDU (jei@zor.hut.fi)
Sat Feb 20 13:12:01 1999

From: jei@zor.hut.fi
Date: Sat, 20 Feb 1999 16:32:42 +0200 (EET)
To: cryptography@c2.net



---------- Forwarded message ----------
Date: Sat, 20 Feb 1999 02:45:58 -0700 (MST)
From: mea culpa <jericho@dimensional.com>
To: InfoSec News <isn@repsec.com>
Subject: [ISN] France tell NSA to shove it 


Forwarded From: "Dr. Vann Harl" <vann@schnags.com>

FRANCE BREAKS RANKS WITH USA & AGAINST USA ON CODES

By far the most significant intelligence and security news of the
fortnight is French Prime Minister Lionel Jospin's 19 January announcement
that France is suddenly reversing its long-term and traditionally
restrictive policy toward the public use of encryption systems and
allowing complete freedom of use of systems with key lengths up to and
including 128 bits.  Currently, only 40 bit keys are legal and they must
be deposited with a trusted third party ... of which there is only one
recognized in all of France.  Under today's French law, the government has
a right to understand any type of communication using public facilities,
meaning post, telecommunications, semaphores, or what have you, although
this law is seldom invoked publicly. 

The implication of this French decision goes far beyond France itself and
is the first splash of a tidal change that will, in all likelihood, drown
the international public encryption policy the US is trying to impose on
the world in the name of fighting crime, drugs and terrorism.  France,
which has probably suffered more deaths in the past few years from foreign
terrorists than any other developed nation, "heard the players, questioned
the experts and consulted its international partners" and explicitly
decided that American high-tech eavesdropping and economic espionage is
more detrimental to French interests than terrorists using encrypted
communications.  The American menace is easily discernable in the opening
lines of Mr. Jospin's statement concerning this tidal change in encryption
policy:  "With the development of electronic espionage instruments,
cryptography appears as an essential instrument of privacy protection." 
No mention of crime, drugs or terrorists. 

Since the EU has already imposed much stronger privacy protection laws
than the US, has debated the threat posed by the NSA Echelon worldwide
telecommunications surveillance system, and has resisted "falling in line
behind the FBI" on public eavesdropping, experts expect all EU countries
to announce similar public encryption liberalization in the near future. 
Indeed, this seems to be the developing EU strategy of letting the
"uppity, snobbish Gallic French stand up to the Americans", something the
French have always done with pride.  Then, "once the rampart is breached",
suddenly the other EU countries follow suit in a movement that could only
have been negotiated and organized beforehand.  Specialists know it's
coming on drug policies, but very few anticipated that a French Socialist
government would stand up so unexpectedly to French security and
intelligence services (which imposed the 40 bit key limit, a record lower
limit in Western countries) and to the US.  Now it's done, the floodgates
are open and watch what's going to happen ...  (...cut...) 

-o-
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