6.805/STS085: 1995-97: From Clipper to Key Recovery
By mid-1994, Clipper was dead as a serious proposal, although the
debate continued to seethe -- and the pressure from industry to
address the awkward export regulations mounted. The need to do
something was brought home in August 1995 when David Byers in Sweden
and Eric Young in the UK, and (independently) Damien Doligez in France
demonstrated that they could break the 40-bit RC4 encryption algorithm
used in Netscape's SSL (the only encryption algorithm generally
approved for export from the US, and claimed by the Administration to
be adequate for commercial applications) using clusters of
workstations running for 8 days. (This feat was duplicated in January
1996 at MIT by Andrew Twyman, using a
single graphics workstation.)
Fall 1995: Clipper II
In September and December 1995, the Administration sponsored public
meetings under the auspices of the National Institute of Standards and
Technology (NIST), aimed at raising support for a new approach to the
cryptography dilemma. The basic principle was that the U.S. would
permit export of products using stronger algorithms -- up to 56-bit
DES -- provided these included spare keys that would be deposited with
authorized "escrow agents" who would respond to government requests.
Additional criteria included that products must be designed so that
the escrow mechanism cannot be circumvented, and that escrowed
encryption products cannot interoperate with non-escrowed encryption
products.
This approach was seen as an improvement over Clipper, but industry
support was generally cold. The proposed 56-bit DES limit was still
considered inadequate, and the various criteria were criticized as
unclear and difficult to implement, and with inadequate safeguards
against abuse. The initiative was opposed as a "Clipper II" and
(because of the non-interoperability criterion) an attempt to impose
key escrow on domestic use of encryption. Here are links to
further details:
-
August 18, 1995, New York Times (John Markoff),
U.S. to Urge A New Policy On Software
-
August 19, 1995,
Washington's Computer Insecurity, by
Whitfield Diffie, New York Times op-ed piece.
- September 11, 1995, New York Times, (Peter Lewis),
Privacy for computers? Clinton sets the stage for a debate on data
encryption
- September 16, 1995, Washington Post (Elizabeth Corcoran),
Feuding again erupts over encryption exports
May 1996: The NRC Report
In 1994, at the height of the original Clipper controversy, the
National Research Council began a study of U.S. cryptography policy.
This was finally published in May, 1996, as Cryptography's Role in
Securing the Information Society. Even though a year has since
gone by in this rapidly changing area, the 700-page NRC report is the
still the single best and most comprehensive source for information
about cryptography policy and its implications.
The report contained several major recommendations, including:
- No law should bar the manufacture, sale, or use of any form of
encryption within the United States.
- Export controls on cryptography should be progressively relaxed but
not eliminated.
- National cryptography policy should be developed by the executive
and legislative branches on the basis of open public discussion and
governed by the rule of law.
The third recommendation seems the most general, but it is perhaps the
most important one. Most members of the NRC panel had been given
security clearances and had received classified briefings from the
law-enforcement and intelligence communities. The panel concluded
that although the classified information contained important details,
these did not make a difference in the overall policy debate, which
should therefore be conducted in public fora rather than in closed
hearings.
The panel also recommended that the U.S. government begin to
experiment with escrowed encryption in order to gain experience with
it. But it criticized efforts to promote rapid, widescale deployment
of key escrow systems, saying that the technical issues and potential
risks were not sufficiently understood. Largely as a result of this
criticism, the Administration quickly distanced itself form the
report.
May 1996: Key-management infrastructures ("Clipper III")
In May 1996, the Administration introduced a new idea for dealing with
control of cryptography, with the publication of the draft memorandum
Enabling Privacy, Commerce, Security and Public Safety in the Global
Information Infrastructure by Bruce McConnell, and Edward Appel,
who co-chaired the White House's Interagency Working Group on
Cryptography Policy.
This approach went further than ever before in recognizing that
industry must play a major role in any solution to the cryptography
problem. Rather than focusing on cryptographic algorithms themselves,
the report highlighted the importance of a key-management
infrastructure(KMI) through which users of cryptography are able
to identify the the people they are communicating with. This
identification can be accomplished by having keys registered and
digitally signed by certification authorities (CAs), which
serve as "digital notarys public" to attest to the identity of the
person nominally associated with a given key. (There are other
possible techniques, such as the "web of trust" used in PGP.)
The Administration paper emphasized the importance of key-management
infrastructures and suggested a collaborative effort by government
and industry to develop a KMI in which, when keys are registered with
a certification authority, they are also escrowed with an associated
key escrow agent that would respond to government
requests for access to keys. The report suggested that encryption
products whose keys are escrowed in this way would be eligible for
export. It also called for developing a framework of international
agreements about sharing keys and providing access to escrowed information.
The proposal was viewed as significant progress by the Administration
in recognizing the importance of expanding the use of encryption. But
it was criticized -- and immediately dubbed "Clipper III" by opponents
-- on the grounds that it would effectively make key escrow (even for
domestic encryption) a precondition for participation in the Global
Information Infrastructure by incorporating escrow into the basic
framework of identification on the network.
The Electronic Frontier Foundation's
Clipper
III Archive contains several statements critical of the proposal.
Summer 1996: Key recovery and inducements for industry cooperation
Note: By the summer of 1996, "key escrow" had amassed
so much criticism that proponents of the idea started using the term
"key recovery" to mean essentially the same thing. There have been
several attempts to explain the difference, usually by companies that
have developed key escrow schemes. The explanation usually boils down
to "Key escrow was that old unacceptable idea, but this particular
feature of our product includes makes it recovery rather than
escrow."
Starting in late summer, the Administration began trying to garner
industry support for key recovery along the lines laid down in the May
KMI paper. In a series of meetings with computer and software
companies through the fall, the following policy was hammered out:
- The Administration would shift jurisdiction over export of
cryptographic hardware and software from the State Department to the
Commerce Department. Industry liked this, since it considers the
Commerce Department to be more receptive to industry views.
- Companies could apply for and receive immediate approval to export
encryption products using 56-bit DES, provided they presented
a plan to install key recovery in their exported encryption products
within two years.
- Encryption products of any strength would be eligible for export
approval, if they incorporate key recovery.
This policy generally received reluctant cooperation from industry.
On the one hand, companies insisted that export regulations place them
at a disadvantage with respect to foreign competition, and they were loathe
to supporting any plan that would continue to regulate encryption
export. On the other hand, the were eager to obtain approval for
their 56-bit DES products (even though these are not adequate for
high-security applications).
In October, eleven companies -- Apple, Atalla, Digital, Groupe Bull,
Hewlett-Packard, IBM, NCR, RSA, Sun, Trusted Information Systems and
UPS -- became charter members of the Key Recovery Alliance,
whose aim is to develop key-recovery techniques to meet the needs of
customers and to allow easing of export restrictions. The Alliance
emphasized that there are valid commercial reasons for key recovery
(such as people gaining access to their data if they lose their keys),
but they took pains to make clear that they oppose any attempts by
governments to mandate key recovery. Since then, Alliance membership
has grown to 60 companies. The KRA Website
contains several press releases on Alliance activities and position
papers on key recovery.
1997: Situation still murky
At the very end of December 1996 the Administration, as promised,
published new regulations transferring export control of cryptography
from the State Department to the Commerce Department's Bureau of
Export Administration.
Technically, these regulations are an "interim rule", but as of this
date (September, 1998), they are still in effect, while the
Administration revises them in response to comments. Reception from
industry remains grudging: Overall, companies are filing plans to gain
export approval for 56-bit DES, while continuing to oppose any export
restrictions. Their mantra here is "We oppose government regulation
of encryption, but we will provide key-recovery products in response
to customer demand".
1997 was also the year in which the crypto dilemma attracted
Congress's attention in a big way, with numerous hearings and several
bills introduced, with industry and civil liberties groups lobbying
for relaxing export controls, while law-enforcement (notably the FBI
and the Justice Department) lobbied for tighter controls.
- One influential document in the debate was
The Risks of Key Recovery, Key Escrow, and Trusted Third-Party
Encryption, by a group of cryptographers and computer scientists
(Hal Abelson, Ross Anderson, Steven Bellovin, Josh Benaloh, Matt
Blaze, Whitfield Diffie, John Gilmore, Peter Neumann, Ronald Rivest,
Jeffrey Schiller, and Bruce Schneier) published in May 1997 with the
assistance of the Center for Democracy and Technology. The group
cautions that key recovery for government access (where keys must be
made accessible to law-enforcement on short notice without the
knowledge of the user) has inherent risks and expenses that are
not well understood, and advises against rapid, wide-scale deployment
of such systems.
Congressional legislation in 1997 was all over the map, with bills
introduced ranging the elimination of export controls outright, to
bills outlawing the sale of non-escrowed encryption products, even
domestically. By the end of the legisltive session, the encryption
debate has become too chaotic to result in any legislation.
-
Here are some articles
that appeared during 1997, which you can skim to get a flavor of
the crypto debate. Note the flare-up after September 3, when FBI
Director Louis Freeh proposed regulation of domestic encryption, just
as he had announced as his intent ever since the debate over Digital
Telephony.
- Here is a summary (as of October 10, 1997) of the
encryption legislation considered by Congress in 1997, with
comments by the Electronic Frontier Foundation. This is is far from
an unbiased report, since the EFF is adamantly opposed to any
regulations on encryption, but is nevertheless helpful to see all the
bills discussed in one place.
Another element of the crypto debate that became critical in 1997 was
the reaction of other governments. The Administration's vision of a
Key Management Infrastructure requires significant international
cooperation on to develop a framework for inter-government access to
keys and encrypted information, and the U.S. has been lobbying
strongly for other governments to adopt the key recovery approach. On
October 8, the European Commission issued a report Towards
a European Framework for Digital Signatures and Encryption, which
appears to throw cold water on the U.S. efforts. (See the New
York Times article on the report.) The anti-regulation
forces are claiming that this report "all but dooms efforts by the
Clinton Administration and the FBI" to create an international
framework for key escrow. But international diplomacy is a
treacherous area, and there are many shoes yet to drop here.
1998: Going slow (so far)
So far, 1998 has been a year of slow going.
The Secure Public
Networks Act (S. 909), passed by the Senate Commerce Committee in
July, 1997, would mandate the use of key recovery on networks built using
federal funding, and also as a precondition to gaining certificates
for electronic commerce. This bill has not yet come before the full
Senate.
One interesting development was the demonstration by the
Electronic Frontier Foundation that 56-bit DES could be cracked in
56 hours using a special-purpose machine that can be built at modest
cost, thus underlining the inadequacy of 56 bits as a limit on
exportable encryption.
Harking back to CALEA and the beginning of this survey -- the US Telephone Association
filed suit against the FBI and the Department of Justice on August
19 to block the implementation of CALEA, on the grounds that the
implementation cost-recovery regulations and FBI rules exceed the
FBI's statutory authority. On September 11, 1998, the FCC helped
defuse the tension between the FBI and the telecommunications industry
by delaying the date for CALEA compliance (originally scheduled for
October 1998) until June 2000.
Overall, though, most action seems to be behind the scenes
positioning. Whether anything will emerge before the end of the
legislative session remains to be seen.
For an overview of latest events, see the information pages maintained
by the Internet Privacy
Coalition and the Center for
Democracy and Technology.
Hal Abelson (hal@mit.edu)
Mike Fischer (mfischer@mit.edu)
Joanne Costello (joanne@mit.edu)
Last modified: August 9 1999, 9:28 PM