Re: US law - World Law - Secret Banking

[Hal <hfinney@shell.portal.com>]

Another thing Baker said in that report about Japanese crypto policy was
interesting.  He was talking about key escrow and how he thought the
Japanese discussions about it were on the wrong track.

Apparently the Japanese idea of key escrow combines it with a government
Certification Authority (CA) infrastructure.  You get certified keys
which you will use in commerce, and these keys are escrowed.  (Japan is
not showing much enthusiasm for the escrow idea, to Baker's displeasure,
but they are discussing it.)

Baker's problem was that the keys would be used for signing as well as
for encryption.  He said that in the U.S. they had been careful to
separate these functions in their plans.  That's why we have DSS for
signatures and Clipper (Capstone, Skipjack, etc.) for encryption.  Only
the Clipper keys get escrowed.  The DSS keys are kept private.

The problem with using one set of keys for both functions (as for
example when RSA keys are used for both encryption and signing a la
PGP) is that the escrow people can not only defeat encryption, they can
forge signatures.  If escrowed keys were stolen, not only would privacy
be lost but also the reliability of signatures.

Now at first this seems strange.  Why would it be more of a problem that
a broken escrow could forge signatures than break privacy?  Well, from
the corporate point of view it could be a lot worse.  When you get a
signature on a business document you want to be able to trust it.  If a
company can hope to get out of a commitment by saying that hackers must
have broken in and stolen the keys, the value of digial signatures is
much reduced.

Privacy, on the other hand, at least from the point of view of someone
like Baker, is not as important.  His people eavesdropped all the time,
and it wasn't that bad.  So from his perspective it is reasonable that a
possibly insecure escrow system is acceptable for encryption, but not for
signatures.  And that is apparently a principle behind the US crypto
policies as they have unfolded over the last few years.

This may shed light on the battle a few years back over whether RSA
signatures would be adopted as the digital signature standard rather
than the discrete log system which was finally chosen.  It also
suggests that the government has long realized the difficulties of
keeping the escrowed key database secure.

Hal