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                Date: 1998-10-02
                 
                 
                Surprise: Canada gibt Crypto frei
                
                 
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      Fünf Tage vor der Konferenz der OECD in Ottawa zum Thema 
e-commerce hat der kanadische Industrieminister John Manley 
überraschend Gebrauch & Produktion von 
Kryptographieprogrammen freigegeben. Dies steht in 
diametralem Gegensatz zu den Wünschen der eigenen geheimen 
Dienste, sowie der USA. Das Argument: Sicherung von 
Arbeitsplätzen in Canadas Software Industrie. 
 
Wohl ambedeutungsvollsten ist an diesem Schritt, dass mit 
Canada einer der fünf Echelon/Betreiberstaaten die bisher 
unerschütterliche Allianz der Lauschangreifer verlassen hat. 
 
related info: c URLs below 
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The federal government has given a green light for Canadians 
to develop and use "the very strongest forms of encryption" 
to protect the privacy of their personal communications and 
records, and to protect the security of their online 
transactions. 
 
"This is very good news", said David Jones, president of 
Electronic Frontier Canada (EFC), a non-profit organization 
working to protect free speech and the right to privacy in 
cyberspace. 
 
In a speech delivered in Ottawa today, Industry Minister 
John Manley announced Canada's new Cryptography Policy, 
making it clear that that there will be no mandatory 
requirements for government access to encryption keys, and 
no licensing requirements, despite the wishes of law 
enforcement agencies who sought the capability of a built-in 
"backdoor" that would enable them to listen in on online 
communications. 
 
Encryption technology works by using sophisticated 
mathematical techniques to "scramble" digital information so 
snoops and eavesdroppers can't gain access to data and 
communications intended to be private, including email, 
computer files, and even conversations on digital 
telephones. 
 
Manley's announcement today was made in anticipation of the 
upcoming OECD Ministerial Conference on Electronic Commerce, 
and the associated Conference on the Public Voice in the 
Development of Internet Policy, both being held in Ottawa 
starting October 7th. 
 
This announcement follows roughly 18 months of deliberation 
involving a dozen federal departments and considerable 
public consultation. "We are very pleased that EFC was given 
the opportunity to play a role in developing this policy", 
says Jones, who is also a professor at McMaster University, 
in the Theme School on Science, Technology, and Public 
Policy. EFC participated in informal discussions with 
Industry Canada more than a year ago and released a position 
statement in August, 1997. Following Industry Canada's 
release of its white paper, "A Cryptography Policy Framework 
for Electronic Commerce", in February 1998, EFC participated 
in formal discussions in Ottawa before making a written 
submission to Industry Canada this April. In their recently 
released "Analysis of Submissions", Industry Canada took 
note of EFC's submission because of the inclusion of 14 
letters from leading Canadian experts in cryptography who 
opposed restrictive policy options, and the inclusion of a 
letter signed by 23 international organizations from the 
Global Internet Liberty Campaign who are all concerned with 
defending civil liberties and human rights on the Internet. 
 
"It's been a quite an open, transparent, and inclusive 
process", says Jeffrey Shallit, co-founder of Electronic 
Frontier, and a computer science professor at the University 
of Waterloo's Centre for Applied Cryptography Research. 
"Canada's approach has been more successful than the one 
taken in the United States, which over the past several 
years has seen a whole sequence of failed cryptography 
policies announced by Washington and then rejected by the 
Internet community." 
 
Jim Carroll, author of the Canadian Internet Handbook and 
well known Internet guru, had this to say about today's 
announcement, "With John Manley, we've got the only guy in 
the federal government who truly understands the technology 
and 'gets the Net', and so he's got a lot of respect in the 
Internet community." These remarks are in stark contrast to 
the harsh criticism Carroll has expressed about the CRTC's 
consideration of possible Internet regulation. 
 
UNCERTAINTY ABOUT EXPORTS 
 
While today's announcement is seen as very positive, "The 
real obstacle is continuing export restrictions", says 
Jones. Under the Wassenaar Arrangement, an international 
treaty signed by 33 nations, Canada restricts the flow of 
cryptographic products to customers outside the country. For 
Canada's high-tech firms that sell cryptographic hardware 
and software, it is typical for more than 90% of their 
revenues to come from outside Canada. Since there isn't a 
strong business case for a Canada-only product, export 
restrictions will continue to have an impact at home, by 
limiting the diversity and strength of encryption tools 
available to Canadians. 
 
In his speech today, John Manley seemed to agree, "The 
[Canadian] cryptography industry can only grow if it has the 
freedom to export." Manley also highlighted the risks of 
continuing with a restrictive export policy: Canadian 
high-tech companies "need to tap as many of these overseas 
markets as possible to keep their highly-paid, 
highly-qualified jobs here in Canada". 
 
Manley also promised, "We will streamline the export permit 
process and make it more transparent". Jones is already 
familiar with the sometimes slow and unpredictable export 
process, "I'm still waiting to hear from the Department of 
Foreign Affairs to learn whether I am permitted to export my 
own public domain encryption software. And they haven't yet 
informed me whether I can put the software on my university 
web page, or whether I can teach fundamental encryption 
algorithms in computer science courses if there happen to be 
foreign students in the class." 
 
POSSIBLE CRIMINAL CODE AMENDMENTS 
 
Manley's policy announcement also included plans for several 
amendments to the Criminal Code. "Some of these changes 
would be welcome to help protect privacy", says Jones, "such 
as the proposal to criminalize the wrongful disclosure of 
encryption keys". 
 
It's not clear, however, what is meant when the government 
says it will change the law to 'deter' the use of encryption 
to commit crimes or conceal evidence, or to compel 
'assistance' when police seek to intercept or seize computer 
data. "Without creating unreasonable obstacles for law 
enforcement", says Jones, "we need laws that 'encourage' the 
widespread use of strong encryption for legitimate 
purposes." 
 
"We'll have to wait and see what the details of these 
amendments look like", says Shallit, "We don't want the 
government to be able force individuals to disclose their 
own encryption keys." 
 
relayed by 
Steven Cooper <scoop@insight.cas.mcmaster.ca> 
 
related 
http://info.ic.gc.ca/cmb/welcomeic.nsf/Pages/speechesefr.htm
                   
http://www.efc.ca/pages/crypto/  
http://www.wired.com/news/news/politics/story/15362.html
                   
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edited by Harkank 
published on: 1998-10-02 
comments to office@quintessenz.at
                   
                  
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