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COE Recommendation No. R (95) 13

This is that Council of Europe "Ban Crypto" paper. It is of course
nothing like what it is claimed to be 


In particular:

6. The law should permit investigating authorities to avail themselves
of all necessary technical measures that enable the collection of traffic
data in the investigation of crimes. 

"COLLECTION" - not comprehension

8. Criminal procedure laws should be reviewed with a view to making
possible the interception of telecommunications and the collection of
traffic data in the investigation of serious offenses against the
confidentiality, integrity and availability of telecommunications or
computer systems. 

This is simply to fix the German data protection laws and similar, some 
of which might prevent a sysop monitoring a hacker on a system they were 

I think the majority of the text is well thought out and very much in
line with what we would want. The piece on encryption is a cop out
to please the French and Dutch. Read it carefully and you will see
it says absolutely nothing.

We have been had again...

Rule number one of politics, always assume that the enemy are 
misrepresenting their case. Council of Europe declarations are almost 
always implemented because they say almost nothing. It is a very
clear statement of some concerns which it would be nice if the 
US authorities understood - separation of search and seizure.

This is not a trend in which Europe is following the US. We are
simply thinking about the effect of technology on law enforcement
rather than reacting to its effects.

Found this written up in cipher, well worth a visit.


Phillip M. Hallam-Baker            Not speaking for anoyone else
[email protected] http://www.w3.org/hypertext/WWW/People/hallam.html
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