[mod.legal] DES

hyatt@UDEL-DEWEY.ARPA (Glenn Hyatt) (03/06/86)

A recent article in Information Week recounted efforts by the NSA to
bully ANSI into voting against the adoption of the Data Encryption
Standard (DES) by the ISO as an international encryption standard.
The NSA has trouble decrypting intercepted communications that are 
thus encrypted, and anticipates greatly increased traffic of this
sort if DES becomes an international standard.  Corporate members
of the affected ANSI committee (notably, IBM) strongly supported the
adoption of DES.

The Defense Department (apparently in the interest of the NSA) argued
that DES is a militarily-useful "item" and as such is subject to
export restrcition.  This is ludicrous on the face of it, but it
raised a couple of copyright questions on my mind:

	o  Correct me if I'm wrong, but an algorithm isn't 
	   copyrightable is it?

	o  If I am wrong, isn't "the" DES algorithm in the public 
	   domain?

	o  If I'm right, can something uncopyright-able to be 
	   considered in the public domain, or is the concept of 
	   public domain inapplicable?

	o  Does the "public domain" extend to the public of other countries?

ron@BRL.ARPA (Ron Natalie) (03/06/86)

I find this whole story interesting since NSA has found DES sufficiently
vulnerable that it won't allow it's use for any privacy purposes, including
routine encryption of non-classified but private defense information (DES
was planned to be approved for classified encryption).

-Ron

willis@RAND-UNIX.ARPA (Willis Ware) (03/07/86)

I imagine that you would find that the algorithm question per se is
irrelevant.  The export restrictions would be applied to the devices
(i.e., equipments) that contain the DES algorithm, or possibly to chips
which contained the DES algorithm.

				     willis h. ware

chongo@NSC.UUCP (Landon Noll) (03/12/86)

In article <8603061745.AA03046@ucbvax.berkeley.edu> hyatt@UDEL-DEWEY.ARPA (Glenn Hyatt) writes:
 >The NSA has trouble decrypting intercepted communications that are 
 >thus encrypted, and anticipates greatly increased traffic of this
 >sort if DES becomes an international standard.

First allow me to introduce one view of 'DES history':

Actually the trend on DES has been towards it being LESS secure.  Several
advances in the area of DES-like functions have shown that DES contains
some disturbing properties.  While direct proof is still lacking, indications
suggest that DES has flaws.

When DES came out, people claimed that the IBM was pressured by the NSA to
reduce the Cypher size and add a few funny 'S-boxes'.  It was claimed that
the modification by the NSA was done to introduce a 'backdoor' into DES.
Knowing this 'backdoor' would allow someone to decrypt DES with ease.

It has been shown that one should be able to construct DES-like systems
that have 'backdoors'.  Furthermore, one can make the discovery of the
'backdoor' without knowledge of the creation process would be VERY hard.
The NSA has never made any useful comments on the ideas behind DES.

Question:  If the above were true, and someone were to find the 'trapdoor'
	   and publish it, damages could result.  Could the person who
	   found/published the flaw be held accountable for the damage?
	   Would the person be viewed as saving the world from other folks who
	   were already exploiting the 'trapdoor'?  Consider the same question
	   if were proven that the DES created to with flaws in mind.

Now for a bit of post-DES trends:

Current ideas on the books include the production and license of a chip or
black-box that performeds encryption/decryption.  The package would be placed
inside a package in such a way as to make in very hard to open it up and look
inside.  Even if one were to snatch the algorithm, publication/disclosure
of it would be in violation of the trade secret since only people who were
thusly licenced could obtain the chip. (kinda like Un*x licendes)  Worse yet,
only special keys/codes can be used with the chip.  One would have to obtain
your own keys from the chip supplier.

The claim will be that restriction of the internals of the black-box would
make it harder for someone to discover a security hole.  Keys must be
obtained so as to not reveal the encryption algorithm.  One could obtain
enough keys, and in such a fashion so as to make it 'hard' to trace who got
what key.  But who would validate the chip makers and set up the key
production systems?  The NSA.  Now that takes gaul!

chongo <this article is dedicated to the folks at arrowwon.UUCP> /\oo/\

hyatt@DEWEY.UDEL.EDU (Glenn Hyatt) (03/15/86)

I hadn't heard about DES' alleged trap door.  It's interesting.
I remain puzzled, though.  If DES is such a breeze for the NSA
to crack, why do they fight it so vigorously?  My guess is that
although they may have fairly easy ways to break it (especially
the stream encryption), it still takes a great deal more in
processing time to decrypt and read ciphertext than it takes
just to read cleartext.