The new U.S. regulations are based on the Wassenaar Arrangement Revision of 1998, where exports without license of 56 bit
For more information see:
Seven states stay excluded from the new freedom. These are states like Libya, Iraq, Iran, North Korea and Cuba, altogether states seen as terrorist supporting. No encryption tools may be exported into those countries.
This is, what happened in the USA, whereas in Germany the issue of a cryptography-law is still on the agenda. Until now, in Germany, everyone can decide by her-/himself, whether she/he wants to encrypt electronic messages or not. Some organizations fear that this could get changed soon. Therefore an urgent action was organized in February 2000 to demonstrate the government that people want the freedom to decide on their own. One governmental argument is that only very few people actually use cryptography. Therefore the urgent action is organized as a campaign for using it more frequently.
For more information on this see:
Other European countries have more liberate laws on cryptography, like France. Austria doesn't have any restrictions at all, probably because of a governmental lack of interest more than accepting freedom.
The (former) restrictions in the bigger countries influenced and hindered developments for safer key-systems, e.g. the key-length was held down extraordinarily.
"Due to the suspicious nature of crypto users I have a feeling DES will be with us forever, we will just keep adding keys and cycles (...). There is a parallel between designing electronic commerce infrastructure today that uses weak cryptography (i.e. 40 or 56 bit keys) and, say, designing air traffic control systems in the '60s using two digit year fields. (...) Just because you can retire before it all blows up doesn't make it any less irresponsible."
(Arnold G. Reinhold)
The Chinese State Encryption Management Commission (SEMC) announced in March 2000 that only strong encryption tools will have to be registered in the future. Which sounds so nice on first sight, does not mean a lot in reality: any kind of useful encryption technique, like the
The restrictions and prohibitions for cryptography are part of the states' wish to acquire more control - in the name of the battle against criminality, probably?
Due to the emerging organized criminality the governments want to obtain more freedom of control over citizens. Organizations like the NSA appear as the leaders of such demands.
What about civil rights or Human Rights?
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According to a still widely held conviction, the global data networks constitute the long desired arena for uncensorable expression. This much is true: Because of the Net it has become increasingly difficult to sustain cultural and legal standards. Geographical proximity and territorial boundaries prove to be less relevant, when it does not affect a document's availability if it is stored on your desktop or on a host some thousand kilometers away. There is no international agreement on non-prohibited contents, so human rights organizations and nazi groups alike can bypass restrictions. No single authority or organization can impose its rules and standards on all others. This is why the Net is public space, a political arena where free expression is possible.
This freedom is conditioned by the design of the Net. But the Net's design is not a given, as
When the World Wide Web was introduced, soon small independent media and human rights organizations began to use this platform for drawing worldwide attention to their publications and causes. It seemed to be the dawning of a new era with authoritarian regimes and multinational media corporations on the looser side. But now the Net's design is changing according to their needs.
"In every context that it can, the entertaining industry is trying to force the Internet into its own business model: the perfect control of content. From music (fighting MP3) and film (fighting the portability of DVD) to television, the industry is resisting the Net's original design. It was about the free flow of content; Hollywood wants perfect control instead" (Lawrence Lessig,
In the United States, Hollywood and
For small independent media it will become very hard to be heard, especially for those offering streaming video and music. Increasingly faster data transmissions just apply to download capacities; upload capacities are much - on the average about eight times - lower than download capacities. As an AT&T executive said in response to criticism: "We haven't built a 56 billion dollar cable network to have the blood sucked from our veins" (
Consumers, not producers are preferred.
For corporations what remains to be done to control the Net is mainly to cope with the fact that because of the Net it has become increasingly difficult to sustain cultural and legal standards. On Nov 11, 1995 the German prosecuting attorney's office searched Compuserve Germany, the branch of an international Internet service provider, because the company was suspected of having offered access to child pornography. Consequently Compuserve blocked access to more than 200
Also in 1995, as an attack on US Vice-President Al Gore's intention to supply all public schools with Internet access, Republican Senator Charles Grassley warned of the lurking dangers for children on the Net. By referring to a Time magazine cover story by Philip Elmer-Dewitt from July 3 on pornography on the Net, he pointed out that 83,5% of all images online are pornographic. But Elmer-Dewitt was wrong. Obviously unaware of the difference between
Almost inevitably anxieties accompany the introduction of new technologies. In the 19th century it was said that traveling by train is bad for health. The debate produced by Time magazine's cover story and Senator Grassley's attack caused the impression that the Net has multiplied possible dangers for children. The global communication networks seem to be a inexhaustible source of mushrooming child pornography. Later would-be bomb recipes found on the Net added to already prevailing anxieties. As even in industrialized countries most people still have little or no first-hand experience with the Net, anxieties about child pornography or terrorist attacks can be stirred up and employed easily.
A similar and related debate is going on about the glorification of violence and erotic depictions in media. Pointing to a "toxic popular culture" shaped by media that "distort children's view of reality and even undermine their character growth", US right-wing social welfare organizations and think tanks call for strong media censorship. (See An Appeal to Hollywood,
The intentions for stimulating a debate on child pornography on the Net were manifold: Inter alia, it served the Republican Party to attack Democrat Al Gore's initiative to supply all public schools with Internet access; additionally, the big media corporations realized that because of the Net they might have to face new competitors and rushed to press for content regulation. Taking all these intentions together, we can say that this still ongoing debate constitutes the first and most well known attempt to impose content regulation on the Net. Consequently, at least in Western countries, governments and media corporations refer to child pornography for justifying legal requirement and the implementation of technologies for the surveillance and monitoring of individuals, the filtering, rating and blocking of content, and the prohibition of anonymous publishing on the Net.
In the name of "cleaning" the Net of child pornography, our basic rights are restricted. It is the insistence on unrestricted basic rights that needs to be justified, as it may seem.
Underlying the campaign to control the Net are several assumptions. Inter alia: The Net lacks control and needs to be made safe and secure; we may be exposed inadvertently to pornographic content; this content is harmful to children. Remarkably, racism seems to be not an issue.
The Net, especially the World Wide Web, is not like television (although it is to be feared this is what it might become like within the next years). Say, little Mary types "Barbie" in a search engine. Click
In reaction to these anxieties, but in absence of data how children use the Internet, the US government released the Communications Decency Act (CDA) in 1996. In consequence the
So, after the failing of the CDA the US government has shifted its responsibility to the industry by inviting corporations to taking on governmental tasks. Bearing in the mind the CompuServe case and its possible consequences, the industry welcomed this decision and was quick to call this newly assumed responsibility "self-regulation". Strictly speaking, "self-regulation" as meant by the industry does not amount to the regulation of the behaviour of corporations by themselves. On the opposite, "self-regulation" is to be understood as the regulation of users' behaviour by the rating, filtering and blocking of Internet content considered being inappropriate. The Internet industry tries to show that technical solutions are more favourable than legislation und wants to be sure, not being held responsible and liable for illegal, offensive or harmful content. A new CompuServe case and a new Communications Decency Act shall be averted.
In the Memorandum
In fact, the "self-regulation" of the Internet industry is privatized censorship performed by corporations and right-wing NGOs. Censorship has become a business. "Crucially, the lifting of restrictions on market competition hasn't advanced the cause of freedom of expression at all. On the contrary, the privatisation of cyberspace seems to be taking place alongside the introduction of heavy censorship." (
While trying to convince us that its technical solutions are appropriate alternatives to government regulation, the Internet industry cannot dispense of governmental backing to enforce the proposed measures. This adds to and enforces the censorship measures already undertaken by governments. We are encouraged to use today's information and communication technologies, while the flow of information is restricted.
According to a report by Reporters Sans Frontières, quoted by Leonard R. Sussman in his essay
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also called "the study of code". It includes both, cryptography and cryptoanalysis
According to Barbrook and Cameron there is an emerging global orthodoxy concerning the relation between society, technology and politics. In this paper they are calling this orthodoxy the Californian Ideology in honor of the state where it originated. By naturalizing and giving a technological proof to a political philosophy, and therefore foreclosing on alternative futures, the Californian ideologues are able to assert that social and political debates about the future have now become meaningless and - horror of horrors - unfashionable. - This paper argues for an interactive future.
http://www.wmin.ac.uk/media/HRC/ci/calif.html