Minnesota Technolog
Institute of TechnologyBoard of PublicationsUniversity of Minnesota
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Editorial

Encryption policy limits electronic freedom of speech
Editorial by Laura Walbrink 

The Clinton administration announced last month its latest version of an unconstitutional and ineffective federal encryption policy. Previously, companies were only allowed to export 40-bit hardware and software encryption products. Under the new initiative, the maximum exportable key length has been boosted to 56 bits. But wait, there's a catch! A few, actually. First, this international data security free-for-all lasts for only two years-at most. The government will initially issue a six-month general export license and will renew it only if exporters meet its milestones for integrating key recovery features into their products. After the honeymoon, all exported 56-bit products will be required to support key recovery.

 The administration has concocted a surprisingly crude blackmail proposal. The computer industry, naturally enough, wants to sell its encryption products to a hungry international market. It sits at the mercy of the federal government, though. Even the new 56-bit key length allowance is little consolation considering that 128 bits is the standard here in the U.S. Still, because 56 bits is a more attractive option than 40, industry is likely to comply with the aforementioned mandates. When the "key escrow" policy kicks in, that allure will be lost. 

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"The administration has concocted a surprsingly crude blackmail proposal."
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Users of the exported encryption products will be required to register their private key with an approved organization, giving the U.S. government an open back door to snoop into the affairs of people worldwide.

 A refresher course on the Bill of Rights is in order for the government. Time and again, various presidential administrations, paralyzed by fear of not having access to all communication in this country, have hacked away at freedom of speech. "We have to know what the criminals are doing," the feds say to the American public, assuring us that the rights of the law-abiding would not be violated. We agree because we're scared, too. We didn't like Communism then and we don't like terrorists now, so we let the government restrict our freedom in the name of safety. Unfortunately, too much power begets abuse. Did wiretapping bring down the mob? No, but somehow Dr. Martin Luther King, Jr.'s office got the special treatment.

 Smart criminals don't use insecure communication methods. When the government broadcasts that the Internet is no longer private, lawbreakers will cease (if they ever began-that has yet to be proved) to use it. Meanwhile, millions of people will be left exposed to the whims of paranoid bureaucrats. The Statement of the Vice President on the key encryption proposal assures the public that "the Administration will seek legislation...including providing penalties for improper release of keys...." "Improper", of course, remains wide open to interpretation, as does "penalties."

 Internet traffic continues to grow exponentially. Never before has so much information been amassed about each of us in such an accessible, inexpensive, and concentrated medium. As computer technology develops and electronic commerce becomes commonplace, the consequences of and potential for abuse of power become imminent and severe.

 Many recognize the Internet as the purest forum for freedom of speech in the world today. History has taught us that giving government free reign over our civil liberties is dangerous. Rarely, if ever, have citizens received any benefits from silencing their voices and surrendering their rights. They won't with the government's key encryption policy, either. 

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