[sci.crypt] DES export regulations. And what to do about it!

janm@dramba.neis.oz (Jan Mikkelsen) (01/04/91)

[Somehow, I don't think this is the right place for this discussion.
 Followups to sci.crypt]

In article <18875@rpp386.cactus.org> jfh@rpp386.cactus.org (John F Haugh II) writes:
>The amount of information required to go from Einstein to
>a working nuclear device is non-trivial.  The amount of
>effort required to go from FIPS PUB 46 to a working DES
>machine is trivial.  I have a copy of FIPS PUB 46 sitting
>somewheres in this room.

It is for DES as well ... See below ...
 
>                           The whole world of cryptography
>requires that cryptosystems be open to examination.  DES
>is published so that everyone may stare at it and uncover
>any holes they might find.  So, while I need to know how to
>create the appropriate neutron density to get a bomb to go
>"BOOM" instead of "bzzt", with DES I only need to read the
>PUBs and start typing.

Sure, many people have written pieces of software which perform DES
encryption.  It is considerably more difficult to design a piece of hardware
with specific characteristics, for example, very high encryption speed,
tamper resistance, small size, or the ability to operating in a hostile
environment.  These are the things which cannot be built using the FIPS
specification alone.  These should be sensitive, not the algorithm itself
(which it isn't).

I suspect that it was much easier for the Americans to restrict all 
implementations, rather than spending lots of time trying to figure out
which implementations to restrict, and which not to restrict.  Of course,
this is pure supposition.

Perhaps it would make more sense to allow software for export, but not
real, physical, hardware.  Ultimatly this does all the work.
-- 
Jan Mikkelsen
janm@dramba.neis.oz.AU or janm%dramba.neis.oz@metro.ucc.su.oz.au
"She really is."

gnu@hoptoad.uucp (John Gilmore) (01/04/91)

People can endlessly debate the small points of the rules; I want to
understand the big ones.  WHY SHOULD PRIVACY TECHNOLOGY BE ILLEGAL?
Why does the US government think that privacy is something neither its
subjects, nor the citizens of other countries, should have?

Back to details...

From: jfh@rpp386.cactus.org (John F Haugh II)
> Hopefully you will mention in your letter that DES should not be
> restricted by the Commerce Department either.  There is no reason
> to restrict DES software (or even hardware).

True.  Commerce Dept. rules are that software which is freely available
to the public is treated like documents, e.g. can be exported to any
destination under no-paperwork General Licence GTDA.  But this limits
commercial usage of encryption, which is a serious problem;
multinational companies are at a severe disadvantage in computer
security if they do their r&d in the US, because they can't export
the result.

DES is not the be-all and end-all of encryption either.  It's just
the "sticking point" where the Munitions people refuse to allow export.
There should be no controls on the import, export, or use of encryption.

From: bhoughto@hopi.intel.com (Blair P. Houghton)
>    . . . there's something to be said for prohibiting the
> export of sensitive technologies, regardless of the availability
> of related scientific information.

What exactly is "sensitive" about the availability of PRIVACY?

From: janm@dramba.neis.oz (Jan Mikkelsen)
>              It is considerably more difficult to design a piece of hardware
> with specific characteristics, for example, very high encryption speed,
> tamper resistance, small size, or the ability to operating in a hostile
> environment. . .  These should be sensitive, not the algorithm itself

What exactly is sensitive about the ability to produce a tamper resistant
package?  Do we not wish anyone who wants a tamper resistant package to
have one?  The only reason I can see for outlawing tamper resistance
is if the government wants to undetectably tamper with our things.

Small size?  What is sensitive about SMALL devices that provide
privacy?  If privacy itself is OK, why not portable privacy?

High speed encryption?  I presume the problem is high volume, not high
speed.  If privacy itself is OK, what business is it of the
government's how much data you choose to keep private?  I would think
that the government would encourage people with a lot of private data
(credit card companies, gun registration lists, payroll information for
large companies, etc) to have good means for keeping their information
private.

Hostile environments?  Hostile to what?  Certainly a privacy-assuring
device should operate in environments hostile to privacy :-).  High
temperatures, humidity, radiation, etc?  I don't think techniques for
heat-sinking, sealing, shielding, etc are export-controlled, though
there are some that are classified (and thus aren't even available to the
U.S. public).
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.

barmar@think.com (Barry Margolin) (01/04/91)

In article <14511@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>People can endlessly debate the small points of the rules; I want to
>understand the big ones.  WHY SHOULD PRIVACY TECHNOLOGY BE ILLEGAL?
>Why does the US government think that privacy is something neither its
>subjects, nor the citizens of other countries, should have?

There are a couple of reasons.  First of all, it's high-tech, and there are
export regulations on most of our higher technologies.  I think the purpose
of this is to try to make sure we maintain the lead in *applications* of
high technology; for instance, we can maintain the lead in weather
simulation, which generally requires supercomputers, by making it hard for
foreigners to get supercomputers.  Also, smuggling high-tech devices to
enemy nations is frequently done by pretending to be a purchaser from a
friendly nation.

As far as DES in particular is concerned, the NSA is extremely (read
"overly") paranoid about foreigners getting our encryption technology.  A
few years ago the NSA tried to get all research on cryptology declared
"unclassified but sensitive."  This would have required all papers on
cryptology to be sent to the NSA for approval to publish, and foreigners
would generally not be allowed to attend conferences on cryptology.
It's not clear whether they're worried about foreigners learning how to
break our codes or use codes that we can't break; it's probably some of
both.

The academic community went up in arms about those restrictions, and I
think the NSA eventually gave up.  However, they did manage to get the
Commerce Dept to restrict export of encryption mechanisms, and this has
stuck.  Since no large companies depend heavily on such devices for their
income, there wasn't enough complaint to prevent it.

--
Barry Margolin, Thinking Machines Corp.

barmar@think.com
{uunet,harvard}!think!barmar

janm@dramba.neis.oz (Jan Mikkelsen) (01/05/91)

In article <14511@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>People can endlessly debate the small points of the rules; I want to
>understand the big ones.  WHY SHOULD PRIVACY TECHNOLOGY BE ILLEGAL?
>Why does the US government think that privacy is something neither its
>subjects, nor the citizens of other countries, should have?

I agree, privacy technology should not be illegal.  I cannot see the
justification for restricting software DES implementations, nor most
hardware implementations.  I have a couple of Schlumberger M64 smart
cards lying around which do DES in a monolithic chip, with secure key
storage.  I don't know what the situation with devices like this is in
the United States, but I that it would be very hard to enforce a
restriction on devices such as this.

There are however, other aspects of an implementation for which I can
see the justification for treating as sensitive, which have nothing to
do with DES, or any other crypto system.  For example:

>                                         I don't think techniques for
>heat-sinking, sealing, shielding, etc are export-controlled, though
>there are some that are classified (and thus aren't even available to the
>U.S. public).

Now, what can be done about making crypto systems more available to
the masses?
-- 
Jan Mikkelsen
janm@dramba.neis.oz.AU or janm%dramba.neis.oz@metro.ucc.su.oz.au
"She really is."

allbery@NCoast.ORG (Brandon S. Allbery KB8JRR) (01/05/91)

As quoted from <14511@hoptoad.uucp> by gnu@hoptoad.uucp (John Gilmore):
+---------------
| People can endlessly debate the small points of the rules; I want to
| understand the big ones.  WHY SHOULD PRIVACY TECHNOLOGY BE ILLEGAL?
| Why does the US government think that privacy is something neither its
| subjects, nor the citizens of other countries, should have?
+---------------

The rest of your message continues the implication that it's all a plot to
make privacy illegal.

That isn't the intent.  Despite the fact that it's all for nought, the U.S.
government is worried about hostile foreign powers violating *its own* privacy
by decrypting its DES-encypted data.  Considering that anyone who wants to
type in code from Andrew S. Tanenbaum's COMPUTER NETWORKS can bring up DES,
this is a bit silly, but nonetheless your assumption that it's Big Brother
out to get us is equally silly.

++Brandon
-- 
Me: Brandon S. Allbery			    VHF/UHF: KB8JRR on 220, 2m, 440
Internet: allbery@NCoast.ORG		    Packet: KB8JRR @ WA8BXN
America OnLine: KB8JRR			    AMPR: KB8JRR.AmPR.ORG [44.70.4.88]
uunet!usenet.ins.cwru.edu!ncoast!allbery    Delphi: ALLBERY

amanda@visix.com (Amanda Walker) (01/08/91)

In article <1991Jan5.022309.19716@NCoast.ORG>
allbery@ncoast.ORG (Brandon S. Allbery KB8JRR) writes:
>That isn't the intent.  Despite the fact that it's all for nought, the U.S.
>government is worried about hostile foreign powers violating *its own* privacy
>by decrypting its DES-encypted data.

Not so, as I understand.  DES is only approved for unclassified data.  For
any kind of classified communication, other (non-public) encryption methods
are used.
-- 
Amanda Walker						      amanda@visix.com
Visix Software Inc.					...!uunet!visix!amanda
--
"I was born in Iowa--I just *work* in outer space"	--Star Trek IV

lupienj@hpwadac.hp.com (John Lupien) (01/09/91)

In article <1991Jan3.232017.15364@Think.COM> barmar@think.com (Barry Margolin) writes:
>In article <14511@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>>WHY SHOULD PRIVACY TECHNOLOGY BE ILLEGAL?
>
>There are a couple of reasons.

"ostensibly", of course.

>First of all, it's high-tech, and there are
>export regulations on most of our higher technologies.  I think the purpose
>of this is to try to make sure we maintain the lead in *applications* of
>high technology; for instance, we can maintain the lead in weather
>simulation, which generally requires supercomputers, by making it hard for
>foreigners to get supercomputers.

Kind of a bogus argument. All that really does is ensure that foreign
supercomputer markets will be supplied by foreign supercomputer manufacturers.
Similarly for other high tech, of course.

>Also, smuggling high-tech devices to
>enemy nations is frequently done by pretending to be a purchaser from a
>friendly nation.

Yes it is, but this doesn't relate to the question, which in context
could be re-cast as "should unfriendly nations have privacy?"
The bit about "unfriendly nations" is kind of transient, too: Iraq
was a better friend than Iran for some time after the Iranian revolution.

>As far as DES in particular is concerned, the NSA is extremely (read
>"overly") paranoid about foreigners getting our encryption technology.

Well, perhaps that's not what "the NSA" is concerned about. The NSA
is in charge of national security. They desire that the information
related to national security should be secure. This may involve the
use of encryption. If so, decryption becomes problematic: they do
not want "others" to be able to decrypt security related information.
Rumors that DES is breakable kind of make the DES issue moot, if true,
but DES is not the only cryptographic technology which NSA seeks to control.

>A few years ago the NSA tried to get all research on cryptology declared
>"unclassified but sensitive."  This would have required all papers on
>cryptology to be sent to the NSA for approval to publish, and foreigners
>would generally not be allowed to attend conferences on cryptology.
>It's not clear whether they're worried about foreigners learning how to
>break our codes or use codes that we can't break; it's probably some of
>both.

I would guess that it's more of the latter. Specifically, US citizens
are subject to eavesdropping along with everybody else, and the possibility
that the content of the communications taking place are not available to
the eavesdroppers has an unsettling effect to the policy makers that benefit
therefrom.

>The academic community went up in arms about those restrictions, and I
>think the NSA eventually gave up.  However, they did manage to get the
>Commerce Dept to restrict export of encryption mechanisms, and this has
>stuck.  Since no large companies depend heavily on such devices for their
>income, there wasn't enough complaint to prevent it.

Well, that seems a bit out of line with reality. Banks, insurance companies,
major financial institutions of many kinds use encryption as the backbone
of the financial networks. The management of these companies are naturally
unwilling to stick their necks out.

>Barry Margolin, Thinking Machines Corp.
>barmar@think.com
>{uunet,harvard}!think!barmar


---
John R. Lupien
lupienj@hpwarq.hp.com