Re: CDT Policy Post 2.27 - No New News on Crypto: Gore Restates

[David Sternlight <david@sternlight.com>]

At 7:05 AM -0700 7/13/96, Deranged Mutant wrote:
>On 12 Jul 96 at 18:23, Bob Palacios posted:
>
>[Banner Snipped!]]
>>  CDT POLICY POST Volume 2, Number 27                        July 12, 1996
>[..]
>
>> Today's statement is essentially a re-statement of the Clipper III proposal
>> released in May.  Among other things, the Vice President:
>>
>> *  Called for the liberalization of export controls provided computer
>>    users participate in a "global key management infrastructure"
>>    designed to make personal encryption keys accessible to law
>>    enforcement.
>
>This is particularly problematic... if the mainland Chinese gov't
>requested a key from a N.Amercian or European (or even UN controlled)
>escrow agency, who is to say it isn't really for political reasons
>(even though they may claim the persons are drug smugglers)?
>
>Or what if the 'crime' was, say, discussing Mormon beliefs, which is
>illegal in Singapore (and I think Russia as well)?
>
>Or what if some terrorist was using keys escrowed in a country that
>sponsered terrorist acts?

Your best shot would be to make sure the part about the system being
voluntary was hard-wired into any legislation or rule-making. Unless and
until ITAR is modified by Congress, the USG has what Mark Twain called "the
calm confidence of a Christian with four aces" on this matter. That
is--unless and until Congress acts, the Administration has absolute
discretion with respect to the conditions under which they will liberalize
the administration of ITAR.

David