Some Countries Seek Keys to Digital Code-Scramblers

April 3, 2000

Some Countries Seek Keys to Digital Code-Scramblers

By JERI CLAUSING

ASHINGTON -- Governments around the world are relaxing their controls on the technology used to scramble computer communications and keep them secure. But according to a survey to be released Monday, that trend is coupled with attempts by law enforcement authorities to gain new surveillance powers.
The report is the third international review of encryption policies that has been conducted by the Electronic Privacy Information Center, a public interest research group in Washington. The study (www2.epic.org/reports/crypto2000) finds that many countries have abandoned earlier attempts to require that a third-party escrow agent be given a spare key to an encryption code as a condition for loosening government controls.
But some countries have adopted new laws requiring people to hand over such keys on demand to law-enforcement agencies, and a number of other countries are considering such proposals. Such a trend, the report says, raises new legal questions, like whether forcing people to release the code that unscrambles their private data is in effect self-incrimination, which individuals are protected against in many countries.
Singapore and Malaysia are the only countries that have enacted laws that require users to disclose their encryption keys or face criminal penalties. In both countries, police have the power to fine and imprison users who do not provide law-enforcement officials the keys upon demand or unscrambled versions of the files or e-mail messages in question.
But similar bills are pending in the United Kingdom and India, the report said.
And in the United States, Belgium and the Netherlands, legislation is pending that would require the third-party escrow agents to release encryption keys and other information, but would not force a person to incriminate himself.
Congress has rejected past attempts by the Clinton administration to impose any system in which users of strong encryption would have to file their code keys with a third party. But as use of encryption technology becomes more widespread, more users -- particularly corporate users -- are being encouraged to voluntarily keep their codes on file with escrow agents.
Other countries are considering proposals that give intelligence and law enforcement agencies new powers to conduct surveillance, break into buildings or hack into computers to get encryption keys and obtain information.
Law enforcement and intelligence agencies around the world are also demanding and receiving substantial increases in budgets for computer surveillance. These new powers and budgets raise concerns about the expansion of government surveillance and the need for public accountability, the report said.
"The majority of countries around the world are not interested in controlling encryption," said Wayne Madsen, a senior fellow at the Electronic Privacy Information Center. "However, a few nations are now proposing surreptitious and covert methods for obtaining private keys and access to encoded communications."
Marc Rotenberg, the center's executive director, said the report would contribute to the continuing discussion about the right to communicate freely and privately in the digital age.
"Strong encryption is critical for the development of networks that will safeguard personal communications," Rotenberg said.

Related Sites
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Electronic Privacy Information Center
EPIC: Cryptography Report

Jeri Clausing at jeri@nytimes.com welcomes your comments and suggestions.

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