The following text is copyright 1995 by
Network World, permission is hearby given for reproduction, as long as
attribution is given and this notice is included.
Should the Internet be
Heaven's Net?
By: Scott Bradner
The Clinton
administration is talking about key escrow again. I'm sure you all remember the
sinking of the Clipper a while back. In that case, the administration proposed
that your friendly government would hold onto the key you'd use to encrypt the
phone call in which you whispered sweet nothings to your SO . The government,
of course, was only able to get the key with a proper court warrant and, the
whole thing was voluntary anyway .
They have now floated a
new idea. It is sort of Clipper in a business suit instead of a cloak and
dagger Clipper. The key escrow would be done by a bank instead of a government
agency. Again, the whole thing would be voluntary. The governmant would still
be able to get the key by following normal procedures to get a warrent.
Putting aside (for now)
the moral issue, this proposal makes some sense. Businesses must have key
escrow. It would be the height of folly to permit the president of some large
corporation to encrypt all of the corporation's business records in a key that
only the president knows. The consequences of the president then experiencing
truck fade when crossing the street could be catastrophic. Businesses will have
key escrow, it is only a question of who does the escrow function.
Businesses could do the
escrow themselves or purchase a service from a bank. The banks might have
better controls and procedures but the business might not know if the
government was poking about and asked the bank not to mention the visit.
This would be a
non-story for the rest of us if there was not a nagging fear that at some point
in the future the use of key escrow would be made mandatory. It does not make
any difference if the current administration claims it will never happen. No
administration can effectively bind the actions of a future administration or
congress.
So one has to operate on
the assumption that the fear will be realized and, in the name of national
security, fighting terrorism, or prosecuting pedophiles the use of non-key
escrow encryption schemes will be outlawed. Any such ban will be seen as
expedient. Countering the dangers, some would claim, outweigh any threat to the
privacy of the individual.
The fact that penalties
for the use of encryption would likely be far less than for whatever the user
is trying to cover up along with the wide-spread availability of very good
encryption technology would make it very likely that any such ban would only
help the authorities catch the dumb, or poorly organized criminals. But the
existing ban on the export of good encryption technology and any future
requirement for key escrow does mean that the big software vendors do not
include the ability to keep information truly private in their standard
products. Someone who wants it has to go get it rather than having it handed to
them.
The overall idea that
the government may want to make it impossible for two citizens to hold a
private conversation is quite troublesome. We used to be able to go out into a
field and whisper in each others ears, technology is taking this ability away
from us.
More than 2,000 years
ago the Chinese philosopher Lao-tzu wrote "Heaven's net is indeed vast,
Though its meshes are wide, it misses nothing." Are we at the point where
governments have the hubris to assume that they are equal to the builder of
Heaven's net?
Although technology is
taking the ability to whisper to a friend away from us, technology can also
restore that same ability, if permission to use it is not taken away.
disclaimer: Harvard has
been accused of arrogance but not (as far as I know) of usurping the authority
of the builder of Heaven. In any case, the above represent my own views.