Careful when you make arguments along the lines of
"it's a lost cause, the genie is out of the bottle"

Cryptography using nucleic acids and molecular
biology techniques (polymerase chain reaction, etc.)
and quantum cryptography, to name just two, are not
quite here yet -- by the time they are, it is
possible that every conventional crypto system
in use today of any key length will be vulnerable
to brute force attack due to improvements in
computing and cryptanalysis.

Some legislator somewhere will make this counter
argument to keep the debate alive because it
makes the anti- argument seem more informed
than the pro- argument. The debate about "strong"
encryption must include a discussion of what
"strong" means, for strong is relative and even
subjective.

Sincerely,

Jason Coombs
[EMAIL PROTECTED]

-----Original Message-----
From: Jay D. Dyson [mailto:[EMAIL PROTECTED]]
Sent: Thursday, April 25, 2002 9:09 AM
To: Security-Basics List
Cc: [EMAIL PROTECTED]
Subject: Re: strong encryption - governments denying individuals the
right to use


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On Wed, 24 Apr 2002 [EMAIL PROTECTED] wrote:

> I am having to write a position paper on - should our government
> (Australian) deny individuals the use of strong encryption?
>
> Unfortunately I have challenged myself and decided that I would support
> the idea of the Government denying individuals the right to use strong
> encryption.  Only problem is I can't find any information that
> explicitly supports this argument, nor am I sure what I should put in
> this 'Position Paper'.

        That stance is indefensible.  The reasons against this stance are
thus:

        1.      Strong encryption is already available to the general.
                public.  Attempts to control such access is a lost cause.

        2.      Forbidding public access to strong encryption is based on
                the presumption of guilt of the general populace by the
                government.  (The argument being used is that if someone
                has nothing to hide, then they don't need strong
                encryption products; nevermind the individual's right to
                privacy.)

        3.      Individuals -- as well as commercial entities -- have
                legitimate needs to safeguard their data against access
                to unauthorized parties.

        4.      Arguing that individuals should not have access to tools
                to safeguard their digital assets is tantamount to arguing
                that individuals should not be allowed to have locks on
                their doors or safes in their homes.

        5.      Arguments that claim that access to strong encryption
                should be denied because it potentially benefits the
                criminal element (organized crime and terrorists) is
                disingenuous at best.  Every civil liberty a civilized
                nation affords its people can be perverted by the
                criminal element, but that does not legitimize any
                attempt to rescind those civil liberties.  Indeed, all
                evidence gathered to date clearly indicates that even the
                most virulent participants in the al Qaeda terrorist
                network do not even use cryptographic or steganographic
                software on their data.

        6.      Arguments that use of strong encryption circumvents
                criminal investigations are dubious since law enforcement
                has already demonstrated the capacity to bug the suspect's
                computer to capture keystrokes and thus gain the suspect's
                passphrase to their cryptographic products and ultimately
                gain access to the encrypted data.

        7.      Restriction of cryptography for individual use would
                ultimately have a negative impact on commerce, since
                all cryptographic products would come under additional
                regulation and all commerce would have to account to
                various legal and government agencies for every use of
                a cryptographic product.  This would expose sensitive
                commercial data to third parties who are not exempt from
                corruption and could easily benefit from such data.

        8.      Restriction of cryptographic access for individuals is
                done for one reason: the convenience of law enforcement.
                It would be far wiser to bring law enforcement agencies up
                on the technological curve rather than force the
                dumbing-down of an entire people.

        Those are the biggest reasons why you will be hard-pressed to find
any defense for your position.

        And if I may be so bold, I'd like to ask this: if you're taking a
position on this, but you can't personally justify this stance to
yourself, then why are you taking that position?  Mull that over.

- -Jay

  (    (                                                          _______
  ))   ))   .--"There's always time for a good cup of coffee"--.   >====<--.
C|~~|C|~~| (>------ Jay D. Dyson -- [EMAIL PROTECTED] ------<) |    = |-'
 `--' `--'  `- O Lord, make my enemies ridiculous. - Voltaire -'  `------'

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