MIT 6.805/STS085: Ethics and Law on the Electronic Frontier
in coordination with
Harvard Law School: Internet and Society
Fall Semester, 1999

Week 4, Sept. 27 - Oct. 1:
The Encryption Controversy

Overview

No issue has generated more controversy on the Internet than the question of government regulation of encryption. Without encryption, all network transactions are essentially public. Email has the approximate privacy of a postcard. Passwords, credit card numbers, and personal information transmitted in the clear over the network may as well be published in the newspaper. If the Internet is to be a suitable vehicle for communications and commerce, then much of the information that flows on it must be encrypted.

The quandary is that modern cryptographic techniques are good -- very, very good. A small amount of computing power suffices to implement codes that are virtually unbreakable, whether by an eavesdropping neighbor, an organized crime syndicate, the FBI, or (for all anyone knows) the intelligence agencies of the world's most powerful governments. Indeed, until recently, encryption hardware and software was classified by U.S. law as a munition; someone who sent encryption software out of the country was (from the viewpoint of U.S. law) acting as an arms dealer. These regulations were changed in December, 1996, but U.S. law still restricts the export of cryptographic hardware and software.

Readings for Tuesday (be prepared to discuss these in class):

Tuesday class, Sep. 28: Technology background on cryptography

Readings for Thursday (be prepared to discuss these in class):

Oral reports for Thursday:

Thursday class, Sept. 30: Cryptography policy issues. CALEA. From Clipper to key recovery.

Writing assignment: Due October 5

Additional resources for this topic

The following pieces are not assigned, but you may find them useful to browse though or to use as references if you plan to write a paper on this topic.

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Hal Abelson (hal@mit.edu)
Mike Fischer (mfischer@mit.edu)
Danny Weitzner (djweitzner@w3.org)
Jonathan Zittrain (zittrain@law.harvard.edu)

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Last modified: October 1 1999, 12:14 AM