EFF "Privacy - Crypto - Key Escrow 1996-7 (US): Clipper III" Archive

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19961118_cdt_exec_order.analysis

Center for Democracy & Technology's analysis of recent US President Clinton's executive order, which moves to establish yet another version of encryption key "escrow", as well as sets up a "Crypto Czar" - a new US official of ambassadorial stature. The message: The Admin does not intend to lose the Crypto War, and is ramping up its efforts to pull an end run around Congress, the public, and industry.

961001_wh_clipper3.statement

Oct. 10 1996 Clinton Administration key "escrow" and crypto export policy statement. White House say it will allow export of 56bit (still very weak) crypto if the keys are "escrowed" in 2 years, and stronger crypto if it is escrowed now. Essentially no serious or meaningful change in the Admin's position.

961001_leahy_clipper3.statement

Sen. Leahy's criticism of the new White House policy statement on "Clipper III".

960724_isoc_crypto.statement

Statement on cryptographic technology and the Internet, from Internet Architecture Board and Internet Engineering Steering Group of the Internet Society (ISOC). Excerpt: "The IAB and IESG are...disturbed to note that various governments have actual or proposed policies on access to cryptographic technology that either: (a) impose restrictions by implementing export controls; and/or (b) restrict commercial and private users to weak and inadequate mechanisms such as short cryptographic keys; and/or (c) mandate that private decryption keys should be in the hands of the government or of some other third party; and/or (d) prohibit the use of cryptology entirely, or permit it only to specially authorized organizations."

960602_burns_wh.letter

Letter from Sen. Burns (sponsor of Pro-CODE crypto bill) to Clinton Administration urging that the White House take seriously the National Research Council's conclusions regarding flawed US crypto-export policy.

9606_pff_crypto.report

"The Computer Revolution, Encryption & True Threats to National Security"; report condemning Clinton Adminstration encryption export policy and key "escrow" plans, by G.A. Keyworth II and David E. Colton, for the Progress and Freedom Foundation. HTML version available at http://www.pff.org/pff/encry.html at the PFF site. Co-author Keyworth was US President Ronald Reagan's scient advisor.

9605_nrc_cryptopolicy_draft.report

May 1996 (pre-publication draft) report by the National Research Council. Report strongly criticizes the Clinton Administration's encryption policies, and calls for relaxation of export restrictions. Of particular interest is NRC's end-run around the NSA's typical line of "if you only knew what we knew...": NRC members obained security clearances and examined the classifed material, too, and still came to the conclusion that export restrictions and imposed key escrow are not the solution. Unfortunately, report also calls for key "escrow" to be explored at least for internal government use, among several other flaws (from our point of view), mostly minor. The end result is a definitely pro-crypto, pro-privacy position, and this report is likely to be highly influential on the crypto-policy debate. NOTE: This file is over 1 megabyte. See 9605_nrc_cryptopolicy_draft.report.gz for a gzip-compressed version.

9605_nrc_cryptopolicy_draft.report.gz

gzip-compressed version of above NRC report on encryption. (about 450K). May 1996 (pre-publication draft) report by the National Research Council. Report strongly criticizes the Clinton Administration's encryption policies, and calls for relaxation of export restrictions. Of particular interest is NRC's end-run around the NSA's typical line of "if you only knew what we knew...": NRC members obained security clearances and examined the classifed material, too, and still came to the conclusion that export restrictions and imposed key escrow are not the solution. Unfortunately, report also calls for key "escrow" to be explored at least for internal government use, among several other flaws (from our point of view), mostly minor. The end result is a definitely pro-crypto, pro-privacy position, and this report is likely to be highly influential on the crypto-policy debate. NOTE: This file is over 1 megabyte when decompressed.

960520_nist_clipper3_paper.draft

"Enabling Privacy, Commerce, Security and Public Safety in the Global Information Infrastructure": New rather hypocritically-titled Clinton Administration key "escrow" scheme - the US government wants the keys to YOUR privacy. This time the impetus is coming from Interagency Working Group on Cryptographic Policy (IWGCP), and Administration old-boys group led by Bruce McConnell and Ed Appel. (Slightly earlier drafts were apparently circulated in Washington, as the Clipper III plan is what spurred the writing of the May 15 letter, below).

960520_burns_clipper_III.announce

Sen. Burns (sponsor of the Pro-CODE crypto export deregulation bill) announces opposition to Clipper III, and criticizes Administration export policy.

960520_epic_clipper_III.analysis

Electronic Privacy Info. Center's brief analysis of and statement against Clipper III.

e-commerce_wh_19961211.paper

draft report, "A Framework for Global Electronic Commerce" by Sr. White Policy Advisor Ira Magaziner, in which a more moderate view on encryption policy is offered, Internet Taxes are opposed, and Internet content censorship is to be avoided. It is obvious that not everyone within the US Administration agrees with Magaziner.

hr_crypto_960515.letter

Letter from Rep. Goodlatte (and over 20 other Representatives) to Clinton Administration urging relaxation of crypto export controls and abandonment of Clipper III "key escrow" proposals. Also includes Goodlatte press release regarding the letter.

hr_crypto_960515_letter_eff.statement

Brief EFF statement on the House letter to Clinton demanding abandonment of "key escrow" and urging relaxation of export controls. (Also includes a copy of the letter).

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Related On-Site Resources

Clipper   Link to directory of documents

on the original NSA "Clipper" digital wiretap key "escrow" system (1993-4)

Clipper II   Link to directory of documents

on the 1995 NIST "Commercial Key Escrow" scheme, referred to commonly as "Clipper II"

Euro-Clipper  directory of info

on key "escrow" and "trusted third party" schemes in Europe, labelled "Euro-Clipper" by many.

Crypto_bills_1996 - Link to directory of info

on 1996 crypto deregulation bills (the legislative opposition to Clipper III): Pro-CODE, SAFE and ECPA96.

Links to Related Off-Site Resources

The Congressional Internet Caucus

A new group of US legislators trying to protect the Internet

Declassified documents reveal that, despite

promises of "voluntary" key escrow, FBI and NSA both believe that Clipper-like systems "will only work" if made mandatory (docs available via EPIC web site)

Electronic Privacy Info. Center's Encryption Policy pages

CDT Crypto Issues Page

Encryption Policy Resource Pages

Internet Privacy Coalition

ZDNet story on "Clipper III"