Cryptography


The expansion of the connectivity of computers make ways of protecting data andmessages from tampering or reading important. Even the US courts have ruled that there exists no legal expectation of privacy foremail. It is thus up to the user to ensure that communications which are expected toremain private actually do so. One of the techniques for ensuring privacy of files andcommunications is Cryptography.

What follows is a list of freely available crypto systems, with comments based on mylimited reading in books and on the net. I am not an expert in cryptography, and thefollowing comments are therefor not to be taken as anything but an introductory words onthe subject. For another more extensive source for Cryptography available on the net, goto The International CryptographicSoftware Pages...


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Legal:


As mentioned above, the export of cryptograpy was controlled in the USA by a set ofregulations called ITAR. Athoughdesigned to control military, not civilian, technology, the sudden expansion of the use ofcivilian cryptograpy has left these regulations still controlling it as though it were ofpurely military significance. There is also a feeling that certain branches of the USgovernment would like to keep it this way, despite the overwhelming demand for civiliancryptography. Recently the USA has promulgated a change to ITAR allowing theexport of crypto for temporary personal use. If software, it must reside on an exportcontrolled hardware device, and in all cases detailed records of the export must be keptfor five years.

The above situation changes in the new year (Jan 1997) when control of civiliancryptography was removed from the ITAR regulations and put under the control of the Dept.of Commerce. These new regulations areunfortunately far less readable than are the ITAR regulations so figuring out what isallowed and what not has become far more complicated. These regulations appear to haveexpanded, rather than contracted, the control over cryptography.

However the whole of the regulations controling the export of cryptography in the USAhas been thrown into confusion by the Bernstein case.Dan Bernstein, then a graduate student at UC Berkeley, launched a civil First Ammendmentsuit agianst the US Government, when it refused to allow him to publish, either in printedor electronic form an encryption algorthm that he had designed. Judge Pattel ruled thatsource code was protected speech under the First Ammendment and that the ITAR and Commerceregulations violated the First Ammendment by not instituting sufficient safeguards againstcapricious and arbitrary decisions by the executive branch. This decision will probably beappealed by the US government.

Canada also has a set of laws governing the export of military technology called the Export Control List. A copy of a Guideto Canada's Export Controls may be obtained from the Government International TradeOffices across the country.

The status of PGP and other publicly available cryptography under this set ofregulations is somewhat unclear to me. The key sections of relevance to PGP are

Whether or not the above comments have any legal validity, I have no idea. Thus youshould check with competent legal council before exporting PGP or any other cryptographicsoftware from Canada.

Evidence that the Canadian situation may be much freer than the US one is that the Entrust Solo software is exported to all countries in the world(except for seven exceptions) from Canada. As a subsidiary of Nortel, a major Canadiancompany, they have presumably received permission for this export.

[Note that I am not a lawyer, and base the above interpretation purely on my reading ofthe law as a layman. It is not legal advice, nor should it be taken as such.]

Marc Plumb has tested the ECL by applying for permission to export variouscryptographic products from Canada. For his experience and his comments on the ECL see http://www.efc.ca/pages/doc/crypto-export.html

Canada is in the process of reviewing its policies on Cryptography. See the paper A Cryptographic Policy Framework forElectronic Commercepublished Feb. 1998

For a survey of cryptography laws worldwide see http://cwis.kub.nl/~frw/people/koops/lawsurvy.htmReturn to Index