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EFF Responds to the recent Clinton Crypto policy...
Polekat #1 @5285
Thu Apr 22 18:19:18 1993
Electronic Frontier Foundation
April 16, 1993
INITIAL EFF ANALYSIS OF CLINTON PRIVACY AND SECURITY PROPOSAL
The Clinton Administration today made a major announcement on
cryptography policy which will effect the privacy and security of millions
of Americans. The first part of the plan is to begin a comprehensive
inquiry into major communications privacy issues such as export controls
which have effectively denied most people easy access to robust encryption
as well as law enforcement issues posed by new technology.
However, EFF is very concerned that the Administration has already
reach a conclusion on one critical part of the inquiry, before any public
comment or discussion has been allowed. Apparently, the Administration is
going to use its leverage to get all telephone equipment vendors to adopt a
voice encryption standard developed by the National Security Agency. The
so-called "Clipper Chip" is an 80-bit, split key escrowed encryption scheme
which will be built into chips manufactured by a military contractor. Two
separate escrow agents would store users' keys, and be required to turn
them over law enforcement upon presentation of a valid warrant. The
encryption scheme used is to be classified, but they chips will be
available to any manufacturer for incorporation into their communications
products.
This proposal raises a number of serious concerns .
First, the Administration appears to be adopting a solution before
conducting an inquiry. The NSA-developed clipper chip may not be the most
secure product. Other vendors or developers may have better schemes.
Furthermore, we should not rely on the government as the sole source for
clipper or any other chips. Rather independent chip manufacturers should
be able to produce chipsets based on open standards.
Second, an algorithm can not be trusted unless it can be tested.
Yet, the Administration proposes to keep the chip algorithm classified.
EFF believes that any standard adopted ought to be public and open. The
public will only have confidence in the security of a standard that is open
to independent, expert scrutiny.
Third, while the use of the use of split-key, dual escrowed system
may prove to be a reasonable balance between privacy and law enforcement
needs, the details of this scheme must be explored publicly before it is
adopted. What will give people confidence in the safety of their keys?
Does disclose of keys to a third party waive individual's fifth amendment
rights in subsequent criminal inquiries?
In sum, the Administration has shown great sensitivity to the
importance of these issues by planning a comprehensive inquiry into digital
privacy and security. However, the "Clipper chip" solution ought to be
considered as part of the inquiry, not be adopted before the discussion
even begins.
DETAILS OF THE PROPOSAL:
ESCROW
The 80-bit key will be divided between two escrow agents, each of whom hold
40-bits of each key. Upon presentation of a valid warrant, the two escrow
agents would have to turn the key parts over to law enforcement agents.
Most likely the Attorney General will be asked to identify appropriate
escrow agents. Some in the Administration have suggested one non-law
enforcement federal agency -- perhaps the Federal Reserve, and one
non-governmental organization. But, there is no agreement on the identity
of the agents yet.
Key registration would be done by the manufacturer of the communications
device. A key is tied to the device, not the person using it.
CLASSIFIED ALGORITHM AND THE POSSIBILITY OF BACK DOORS
The Administration claims that there are no back doors -- means by which
the government or others could break the code without securing keys from
the escrow agents -- and that the President will be told there are no back
doors to this classified algorithm. In order to prove this, Administration
sources are interested in arranging for an all-star crypto cracker team to
come in, under a security arrangement, and examine the algorithm for trap
doors. The results of the investigation would then be made public.
GOVERNMENT AS MARKET DRIVER
In order to get a market moving, and the show that the government believes
in the security of this system, the feds will be the first big customers
for this product. Users will include the FBI, Secret Service, VP Al Gore,
and maybe even the President.
FROM MORE INFORMATION CONTACT:
Jerry Berman, Executive Director
Daniel J. Weitzner, Senior Staff Counsel