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Cryptography is the practice and study of encrypting information, or in other words, securing information from unauthorized access. There are many different cryptography laws in different nations. Some countries prohibit export of cryptography software and/or encryption algorithms or cryptoanalysis methods. Some countries require decryption keys to be recoverable in case of a police investigation.
Issues regarding cryptography law fall into four categories: [1]
Cryptography has long been of interest to intelligence gathering and law enforcement agencies. [3] Secret communications may be criminal or even treasonous [ citation needed ]. Because of its facilitation of privacy, and the diminution of privacy attendant on its prohibition, cryptography is also of considerable interest to civil rights supporters. Accordingly, there has been a history of controversial legal issues surrounding cryptography, especially since the advent of inexpensive computers has made widespread access to high-quality cryptography possible.
In some countries, even the domestic use of cryptography is, or has been, restricted. Until 1999, France significantly restricted the use of cryptography domestically, though it has since relaxed many of these rules. In China and Iran, a license is still required to use cryptography. [4] Many countries have tight restrictions on the use of cryptography. Among the more restrictive are laws in Belarus, Kazakhstan, Mongolia, Pakistan, Singapore, Tunisia, and Vietnam. [5]
In the United States, cryptography is legal for domestic use, but there has been much conflict over legal issues related to cryptography. [3] One particularly important issue has been the export of cryptography and cryptographic software and hardware. Probably because of the importance of cryptanalysis in World War II and an expectation that cryptography would continue to be important for national security, many Western governments have, at some point, strictly regulated export of cryptography. After World War II, it was illegal in the US to sell or distribute encryption technology overseas; in fact, encryption was designated as auxiliary military equipment and put on the United States Munitions List. [6] Until the development of the personal computer, asymmetric key algorithms (i.e., public key techniques), and the Internet, this was not especially problematic. However, as the Internet grew and computers became more widely available, high-quality encryption techniques became well known around the globe.[ citation needed ]
In the 1990s, there were several challenges to US export regulation of cryptography. After the source code for Philip Zimmermann's Pretty Good Privacy (PGP) encryption program found its way onto the Internet in June 1991, a complaint by RSA Security (then called RSA Data Security, Inc.) resulted in a lengthy criminal investigation of Zimmermann by the US Customs Service and the FBI, though no charges were ever filed. [7] [8] Daniel J. Bernstein, then a graduate student at UC Berkeley, brought a lawsuit against the US government challenging some aspects of the restrictions based on free speech grounds. The 1995 case Bernstein v. United States ultimately resulted in a 1999 decision that printed source code for cryptographic algorithms and systems was protected as free speech by the United States Constitution. [9]
In 1996, thirty-nine countries signed the Wassenaar Arrangement, an arms control treaty that deals with the export of arms and "dual-use" technologies such as cryptography. The treaty stipulated that the use of cryptography with short key-lengths (56-bit for symmetric encryption, 512-bit for RSA) would no longer be export-controlled. [10] Cryptography exports from the US became less strictly regulated as a consequence of a major relaxation in 2000; [11] there are no longer very many restrictions on key sizes in US-exported mass-market software. Since this relaxation in US export restrictions, and because most personal computers connected to the Internet include US-sourced web browsers such as Firefox or Internet Explorer, almost every Internet user worldwide has potential access to quality cryptography via their browsers (e.g., via Transport Layer Security). The Mozilla Thunderbird and Microsoft Outlook E-mail client programs similarly can transmit and receive emails via TLS, and can send and receive email encrypted with S/MIME. Many Internet users don't realize that their basic application software contains such extensive cryptosystems. These browsers and email programs are so ubiquitous that even governments whose intent is to regulate civilian use of cryptography generally don't find it practical to do much to control distribution or use of cryptography of this quality, so even when such laws are in force, actual enforcement is often effectively impossible.[ citation needed ]
Another contentious issue connected to cryptography in the United States is the influence of the National Security Agency on cipher development and policy. [3] The NSA was involved with the design of DES during its development at IBM and its consideration by the National Bureau of Standards as a possible Federal Standard for cryptography. [12] DES was designed to be resistant to differential cryptanalysis, [13] a powerful and general cryptanalytic technique known to the NSA and IBM, that became publicly known only when it was rediscovered in the late 1980s. [14] According to Steven Levy, IBM discovered differential cryptanalysis, [8] but kept the technique secret at the NSA's request. The technique became publicly known only when Biham and Shamir re-discovered and announced it some years later. The entire affair illustrates the difficulty of determining what resources and knowledge an attacker might actually have.[ citation needed ]
Another instance of the NSA's involvement was the 1993 Clipper chip affair, an encryption microchip intended to be part of the Capstone cryptography-control initiative. Clipper was widely criticized by cryptographers for two reasons. The cipher algorithm (called Skipjack) was then classified (declassified in 1998, long after the Clipper initiative lapsed). The classified cipher caused concerns that the NSA had deliberately made the cipher weak in order to assist its intelligence efforts. The whole initiative was also criticized based on its violation of Kerckhoffs's Principle, as the scheme included a special escrow key held by the government for use by law enforcement (i.e. wiretapping). [8]
Cryptography is central to digital rights management (DRM), a group of techniques for technologically controlling use of copyrighted material, being widely implemented and deployed at the behest of some copyright holders. In 1998, U.S. President Bill Clinton signed the Digital Millennium Copyright Act (DMCA), which criminalized all production, dissemination, and use of certain cryptanalytic techniques and technology (now known or later discovered); specifically, those that could be used to circumvent DRM technological schemes. [15] This had a noticeable impact on the cryptography research community since an argument can be made that any cryptanalytic research violated the DMCA. Similar statutes have since been enacted in several countries and regions, including the implementation in the EU Copyright Directive. Similar restrictions are called for by treaties signed by World Intellectual Property Organization member-states.[ citation needed ]
The United States Department of Justice and FBI have not enforced the DMCA as rigorously as had been feared by some, but the law, nonetheless, remains a controversial one. Niels Ferguson, a well-respected cryptography researcher, has publicly stated that he will not release some of his research into an Intel security design for fear of prosecution under the DMCA. [16] Cryptologist Bruce Schneier has argued that the DMCA encourages vendor lock-in, while inhibiting actual measures toward cyber-security. [17] Both Alan Cox (longtime Linux kernel developer) and Edward Felten (and some of his students at Princeton) have encountered problems related to the Act. Dmitry Sklyarov was arrested during a visit to the US from Russia, and jailed for five months pending trial for alleged violations of the DMCA arising from work he had done in Russia, where the work was legal. In 2007, the cryptographic keys responsible for Blu-ray and HD DVD content scrambling were discovered and released onto the Internet. In both cases, the Motion Picture Association of America sent out numerous DMCA takedown notices, and there was a massive Internet backlash triggered by the perceived impact of such notices on fair use and free speech. [18]
In the United Kingdom, the Regulation of Investigatory Powers Act gives UK police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. Failure to comply is an offense in its own right, punishable on conviction by a two-year jail sentence or up to five years in cases involving national security. [19] Successful prosecutions have occurred under the Act; the first, in 2009, [20] resulted in a term of 13 months' imprisonment. [21] Similar forced disclosure laws in Australia, Finland, France, and India compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation.[ citation needed ]
In the United States, the federal criminal case of United States v. Fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. [22] The Electronic Frontier Foundation (EFF) argued that this is a violation of the protection from self-incrimination given by the Fifth Amendment. [23] In 2012, the court ruled that under the All Writs Act, the defendant was required to produce an unencrypted hard drive for the court. [24]
In many jurisdictions, the legal status of forced disclosure remains unclear.[ citation needed ]
The 2016 FBI–Apple encryption dispute concerns the ability of courts in the United States to compel manufacturers' assistance in unlocking cell phones whose contents are cryptographically protected.[ citation needed ][ further explanation needed ]
As a potential counter-measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data (for example such as that of a drive which has been securely wiped).[ citation needed ]
In October 1999, the State Council promulgated the Regulations on the Administration of Commercial Cryptography . According to these regulations, commercial cryptography was treated as a state secret. [25]
On 26 October 2019, the Standing Committee of the National People's Congress promulgated the Cryptography Law of the People's Republic of China . This law went into effect at the start of 2020. [25] [26] The law categorizes cryptography into three categories: [25] [26]
The law also states that there should be a "mechanism of both in-process and ex-post supervision on commercial cryptography, which combines routine supervision with random inspection" (implying that the Chinese government should get access to encrypted servers). [26] It also states that foreign providers of commercial encryption need some sort of state approval. [26]
Cryptosystems authorized for use in China include SM2, SM3, and SM4. [27]
As of 2011 and since 2004, the law for trust in the digital economy (French : Loi pour la confiance dans l'économie numérique; abbreviated LCEN) mostly liberalized the use of cryptography. [28]
Section 69 of the Information Technology Act, 2000 (as amended in 2008) authorizes Indian government officials or policemen to listen in on any phone calls, read any SMS messages or emails, or monitor the websites that anyone visits, without requiring a warrant. [29] : 2 [30] (However, this is a violation of article 21 of the Constitution of India. [29] : 2 ) This section also enables the central government of India or a state government of India to compel any agency to decrypt information. [29] : 4
According to the Information Technology (Intermediaries Guidelines) Rules, 2011, intermediaries are required to provide information to Indian government agencies for investigative or other purposes. [29] : 2 [ clarification needed ]
ISP license holders are freely allowed to use encryption keys up to 40 bits. Beyond that, they are required to obtain written permission and to deposit the decryption key with the Department of Telecommunications. [29] : 2–3
Per the 2012 SEBI Master Circular for Stock Exchange or Cash Market (issued by the Securities and Exchange Board of India), it is the responsibility of stock exchanges to maintain data reliability and confidentiality through the use of encryption. [29] : 3 Per Reserve Bank of India guidance issued in 2001, banks must use at least 128-bit SSL to protect browser-to-bank communication; they must also encrypt sensitive data internally. [29] : 3
Electronics, including cryptographic products, is one of the categories of dual-use items in the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET; part of the Foreign Trade (Development & Regulation Act), 1992). However, this regulation does not specify which cryptographic products are subject to export controls. [29] : 3
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In the United States, the International Traffic in Arms Regulation restricts the export of cryptography.[ citation needed ][ further explanation needed ]
In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can decipher a ciphertext back to plaintext and access the original information. Encryption does not itself prevent interference but denies the intelligible content to a would-be interceptor.
Pretty Good Privacy (PGP) is an encryption program that provides cryptographic privacy and authentication for data communication. PGP is used for signing, encrypting, and decrypting texts, e-mails, files, directories, and whole disk partitions and to increase the security of e-mail communications. Phil Zimmermann developed PGP in 1991.
Philip R. Zimmermann is an American computer scientist and cryptographer. He is the creator of Pretty Good Privacy (PGP), the most widely used email encryption software in the world. He is also known for his work in VoIP encryption protocols, notably ZRTP and Zfone. Zimmermann is co-founder and Chief Scientist of the global encrypted communications firm Silent Circle.
A cypherpunk is any individual advocating widespread use of strong cryptography and privacy-enhancing technologies as a route to social and political change. Originally communicating through the Cypherpunks electronic mailing list, informal groups aimed to achieve privacy and security through proactive use of cryptography. Cypherpunks have been engaged in an active movement since at least the late 1980s.
Articles related to cryptography include:
_NSAKEY was a variable name discovered in Windows NT 4 SP5 in 1999 by Andrew D. Fernandes of Cryptonym Corporation. The variable contained a 1024-bit public key; such keys are used in public-key cryptography for encryption and authentication. Because of the name, however, it was speculated that the key would allow the United States National Security Agency (NSA) to subvert any Windows user's security. Microsoft denied the speculation and said that the key's name came from the fact that NSA was the technical review authority for U.S. cryptography export controls.
RSA Security LLC, formerly RSA Security, Inc. and trade name RSA, is an American computer and network security company with a focus on encryption and encryption standards. RSA was named after the initials of its co-founders, Ron Rivest, Adi Shamir and Leonard Adleman, after whom the RSA public key cryptography algorithm was also named. Among its products is the SecurID authentication token. The BSAFE cryptography libraries were also initially owned by RSA. RSA is known for incorporating backdoors developed by the NSA in its products. It also organizes the annual RSA Conference, an information security conference.
The Clipper chip was a chipset that was developed and promoted by the United States National Security Agency (NSA) as an encryption device that secured "voice and data messages" with a built-in backdoor that was intended to "allow Federal, State, and local law enforcement officials the ability to decode intercepted voice and data transmissions." It was intended to be adopted by telecommunications companies for voice transmission. Introduced in 1993, it was entirely defunct by 1996.
In cryptography, RC2 is a symmetric-key block cipher designed by Ron Rivest in 1987. "RC" stands for "Ron's Code" or "Rivest Cipher"; other ciphers designed by Rivest include RC4, RC5, and RC6.
The export of cryptography from the United States to other countries has experienced various levels of restrictions over time. World War II illustrated that code-breaking and cryptography can play an integral part in national security and the ability to prosecute war. Changes in technology and the preservation of free speech have been competing factors in the regulation and constraint of cryptographic technologies for export.
Strong cryptography or cryptographically strong are general terms used to designate the cryptographic algorithms that, when used correctly, provide a very high level of protection against any eavesdropper, including the government agencies. There is no precise definition of the boundary line between the strong cryptography and (breakable) weak cryptography, as this border constantly shifts due to improvements in hardware and cryptanalysis techniques. These improvements eventually place the capabilities once available only to the NSA within the reach of a skilled individual, so in practice there are only two levels of cryptographic security, "cryptography that will stop your kid sister from reading your files, and cryptography that will stop major governments from reading your files".
Below is a timeline of notable events related to cryptography.
Cryptography, or cryptology, is the practice and study of techniques for secure communication in the presence of adversarial behavior. More generally, cryptography is about constructing and analyzing protocols that prevent third parties or the public from reading private messages. Modern cryptography exists at the intersection of the disciplines of mathematics, computer science, information security, electrical engineering, digital signal processing, physics, and others. Core concepts related to information security are also central to cryptography. Practical applications of cryptography include electronic commerce, chip-based payment cards, digital currencies, computer passwords, and military communications.
The following outline is provided as an overview of and topical guide to cryptography:
Bullrun is a clandestine, highly classified program to crack encryption of online communications and data, which is run by the United States National Security Agency (NSA). The British Government Communications Headquarters (GCHQ) has a similar program codenamed Edgehill. According to the Bullrun classification guide published by The Guardian, the program uses multiple methods including computer network exploitation, interdiction, industry relationships, collaboration with other intelligence community entities, and advanced mathematical techniques.
Dell BSAFE, formerly known as RSA BSAFE, is a FIPS 140-2 validated cryptography library, available in both C and Java. BSAFE was initially created by RSA Security, which was purchased by EMC and then, in turn, by Dell. When Dell sold the RSA business to Symphony Technology Group in 2020, Dell elected to retain the BSAFE product line. BSAFE was one of the most common encryption toolkits before the RSA patent expired in September 2000. It also contained implementations of the RCx ciphers, with the most common one being RC4. From 2004 to 2013 the default random number generator in the library was a NIST-approved RNG standard, widely known to be insecure from at least 2006, containing a kleptographic backdoor from the American National Security Agency (NSA), as part of its secret Bullrun program. In 2013 Reuters revealed that RSA had received a payment of $10 million to set the compromised algorithm as the default option. The RNG standard was subsequently withdrawn in 2014, and the RNG removed from BSAFE beginning in 2015.
Attempts, unofficially dubbed the "Crypto Wars", have been made by the United States (US) and allied governments to limit the public's and foreign nations' access to cryptography strong enough to thwart decryption by national intelligence agencies, especially the National Security Agency (NSA).
FREAK is a security exploit of a cryptographic weakness in the SSL/TLS protocols introduced decades earlier for compliance with U.S. cryptography export regulations. These involved limiting exportable software to use only public key pairs with RSA moduli of 512 bits or fewer, with the intention of allowing them to be broken easily by the National Security Agency (NSA), but not by other organizations with lesser computing resources. However, by the early 2010s, increases in computing power meant that they could be broken by anyone with access to relatively modest computing resources using the well-known Number Field Sieve algorithm, using as little as $100 of cloud computing services. Combined with the ability of a man-in-the-middle attack to manipulate the initial cipher suite negotiation between the endpoints in the connection and the fact that the finished hash only depended on the master secret, this meant that a man-in-the-middle attack with only a modest amount of computation could break the security of any website that allowed the use of 512-bit export-grade keys. While the exploit was only discovered in 2015, its underlying vulnerabilities had been present for many years, dating back to the 1990s.
Human rights applied to encryption are a concept of freedom of expression, where encryption is a technical resource in the implementation of basic human rights.
Nadia Heninger is an American cryptographer, computer security expert, and computational number theorist at the University of California, San Diego.
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