From: hal@cco.caltech.edu (Hal Finney)
Subject: Re: text of White House announcement and Q&As on clipper chip encryption
Organization: California Institute of Technology, Pasadena
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NNTP-Posting-Host: alumni.caltech.edu

The key question is whether non-Clipper encryption will be made illegal.

>     The Administration is not saying, "since encryption
>     threatens the public safety and effective law enforcement,
>     we will prohibit it outright" (as some countries have
>     effectively done); nor is the U.S. saying that "every
>     American, as a matter of right, is entitled to an
>     unbreakable commercial encryption product."  There is a
>     false "tension" created in the assessment that this issue is
>     an "either-or" proposition.  Rather, both concerns can be,
>     and in fact are, harmoniously balanced through a reasoned,
>     balanced approach such as is proposed with the "Clipper
>     Chip" and similar encryption techniques.

The clear middle ground implied by these statements is to say that Americans
have the right to Clipper encryption, but not to unbreakable encryption.
This implies that, ultimately, non-Clipper strong encryption must become
illegal.

(As an aside, isn't the language here jarring?  All this talk about
"harmonious balance" when they're talking about taking away people's
right to communications privacy?)

Although the article emphasizes voice communication, data and mail encryption
is mentioned as well:

>Sophisticated encryption technology has been used for years to
>protect electronic funds transfer.  It is now being used to
>protect electronic mail and computer files.

>     --   the privacy of our citizens, including the need to
>          employ voice or data encryption for business purposes;

It looks like the worst nightmares raised by Dorothy Denning's proposals
are coming true.  If the government continues on this course, I imagine
that we will see strong cryptography made illegal.  Encryption programs
for disk files and email, as well as software to allow for encrypted
voice communications, will be distributed only through the
"underground".  People will have to learn how to hide the fact that
they are protecting their privacy.

It's shocking and frightening to see that this is actually happening here.

Hal Finney
hal@alumni.caltech.edu
