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

