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- A little sunlight is the best disinfectant."
- Justice Louis Brandeis
-
- Over a year ago, in a condition of giddier innocence than I enjoy
- today, I wrote the following about the discovery of Cyberspace:
- Imagine discovering a continent so vast that it may have no other
- side. Imagine a new world with more resources than all our future
- greed might exhaust, more opportunities than there will ever be
- entrepreneurs enough to exploit, and a peculiar kind of real estate
- which expands with development.
-
- One less felicitous feature of this terrain which I hadn't noticed at the
- time was a long-encamped and immense army of occupation.
-
- This army represents interests which are difficult to define. It guards
- the area against unidentified enemies. It meticulously observes
- almost every activity undertaken there, and continuously prevents
- most who inhabit its domain from drawing any blinds against such
- observation.
-
- This army marshals at least 40,000 troops, owns the most advanced
- computing resources in the world, and uses funds the dispersal of
- which does not fall under any democratic review.
-
- Imagining this force won't require the inventive powers of a William
- Gibson. The American Occupation Army of Cyberspace exists. Its
- name is the National Security Agency.
-
- It can be argued that this peculiar institution inhibits free trade, has
- damaged American competitiveness, and poses a threat to liberty
- anywhere people communicate with electrons. Its principal function,
- as my colleague John Gilmore puts it, is "wire-tapping the world." It
- is free to do this without a warrant from any judge.
-
- It is legally constrained from domestic surveillance, but precious few
- people are in a good position to watch what, how, or whom the NSA
- watches. Those who are tend to be temperamentally sympathetic to
- its objectives and methods. They like power, and power understands
- the importance of keeping it own secrets and learning everyone
- else's.
-
- Whether it is meticulously ignoring every American byte or not, the
- NSA is certainly pursuing policies which will render our domestic
- affairs transparent to anyone who can afford big digital hardware.
- Such policies could have profound consequences on our liberty and
- privacy.
-
- More to point, the role of the NSA in the area of domestic privacy
- needs to be assessed in the light of other recent federal initiatives
- which seem aimed at permanently denying privacy to the
- inhabitants of Cyberspace, whether foreign or American.
-
- Finally it seems an opportune time, directly following our
- disorienting victory in the Cold War, to ask if the threats from which
- the NSA purportedly protects Americans from are as significant as
- the hazards the NSA's activities present.
-
- Like most Americans I'd never given much thought to the NSA until
- recently. (Indeed its very existence was a secret for much of my life.
- Beltway types used to joke that NSA stood for "No Such Agency.") I
- vaguely knew that the NSA was one of the twelve or so shadowy
- federal spook houses erected shortly after the creation of the Iron
- Curtain with the purpose of stopping its advance.
-
- The NSA originated in response to a memorandum sent by Harry
- Truman on October 24, 1952 to Secretary of State Dean Acheson and
- Defense Secretary Robert Lovatt. This memo, the very existence of
- which remained secret for almost 40 years, created the NSA, placed
- it under the authority of the Secretary of Defense, and charged it
- with monitoring and decoding any signal transmission relevant to the
- security of the United States.
-
- Even after I started noticing the NSA, my natural immunity to
- paranoia combined with a belief in the incompetence of all
- bureaucracies continued to mute any sense of alarm. This was before
- I began to understand the subterranean battles raging over data
- encryption and the NSA's role in them. Lately, I'm less sanguine.
-
- Encryption may be the only reliable method for securing privacy in
- the inherently public domain of Cyberspace. I certainly trust it more
- than privacy protection laws. Relying on government to protect your
- privacy is like asking a peeping tom to install your window blinds.
-
- In fact, we already have a strong-sounding federal law protecting
- our electronic privacy, the Electronic Communications Privacy Act or
- ECPA. But this law is not very effective in those areas where
- electronic eaves dropping is technically easy. This is especially true
- in the area of cellular phone conversations, which, under the current
- analog transmission standard, are easily accessible to anyone from
- the FBI to you.
-
- The degree of present-day law enforcement apprehension over
- secure cellular encryption provides evidence of how seriously
- they've been taking ECPA. Law enforcement organizations are
- moving on a variety of fronts to see that robust electronic privacy
- protection systems don't become generally available to the public.
- Indeed, the current administration may be so determined to achieve
- this end they may be willing to paralyze progress in America's most
- promising technologies rather than yield.
-
- Push is coming to shove in two areas of communications technology:
- digital transmission of heretofore analog signals, and the encryption
- of transmitted data.
-
- As the communications service providers move to packet switching,
- fiber optic transmission lines, digital wireless, ISDN and other
- advanced techniques, what have been discrete channels of
- continuous electrical impulses, voices audible to anyone with
- alligator clips on the right wires, are now becoming chaotic blasts of
- data packets, readily intelligible only to the sender and receiver. This
- development effectively forecloses traditional wire-tapping
- techniques, even as it provides new and different opportunities for
- electronic surveillance.
-
- It is in the latter area where the NSA knows its stuff. A fair
- percentage of the digital signals dispatched on planet Earth must
- pass at some point through the NSA's big sieve in Fort Meade,
- Maryland, 12 underground acres of the heaviest hardware in the
- computing world. There, unless these packets are also encrypted
- with a particularly knotty algorithm, sorting them back into their
- original continuity is not very difficult.
-
- In 1991, alarmed at a future in which it would have to sort through
- an endless fruit salad of encrypted bits, the FBI persuaded Senator
- Joseph Biden to include certain language in Senate Bill 266. The new
- language in the bill required electronic communications services and
- those who created communications devices to implement only such
- encryption methods as would assure government's ability to extract
- the plain text of any voice or data communications in which it took a
- legal interest. It was as if the government had responded to a
- technological leap in lock design by requiring all building contractors
- to supply it with skeleton keys to every door in America.
-
- The provision raised wide-spread concern in the computer
- community, which was better equipped to understand its
- implications than the general public. In August of last year, the
- Electronic Frontier Foundation, in cooperation with Computer
- Professionals for Social Responsibility and other industry groups,
- successfully lobbied to have it removed from the bill.
-
- Our celebration was restrained. We knew we hadn't seen the last of
- it. For one thing, the movement to digital communications does create
- some serious obstacles to traditional wire-tapping procedures. I fully
- expected that law enforcement would be back with new proposals,
- which I hoped might be ones we could support. But what I didn't
- understand then, and am only now beginning to appreciate, was the
- extent to which this issue had already been engaged by the NSA in
- the obscure area of export controls over data encryption algorithms.
- Encryption algorithms, despite their purely defensive characteristics,
- have been regarded by the government of this country as weapons
- of war for many years. If they are to be employed for privacy (as
- opposed to authentication) and they are any good at all, their export
- is licensed under State Department's International Traffic in Arms
- Regulations or ITAR.
-
- The encryption watchdog is the NSA. It has been enforcing a policy,
- neither debated nor even admitted to, which holds that if a device or
- program contains an encryption scheme which the NSA can’t break
- fairly easily, it will not be licensed for international sale.
- Aside for marveling at the silliness of trying to embargo algorithms,
- a practice about as pragmatic as restricting the export of wind, I
- didn't pay much attention to the implications of NSA encryption
- policies until February of this year. It was then that I learned about
- the deliberations of an obscure group of cellular industry
- representatives called the Ad Hoc Authentication Task Force, TR45.3
- and of the influence which the NSA has apparently exercised over
- their findings.
-
- In the stately fashion characteristic of standard-setting bodies, this
- group has been working for several years on a standard for digital
- cellular transmission, authentication, and privacy protection. This
- standard is known by the characteristically whimsical telco moniker
- IS-54B.
-
- In February they met near Giants Stadium in East Rutherford, NJ. At
- that meeting, they recommended, and agreed not to publish, an
- encryption scheme for American-made digital cellular systems which
- many sophisticated observers believe to be intentionally vulnerable.
- It was further thought by many observers that this “dumbing down”
- had been done indirect cooperation with the NSA.
- Given the secret nature of the new algorithm, its actual merits were
- difficult to assess. But many cryptologists believe there is enough in
- the published portions of the standard to confirm that it isn’t any
- good.
-
- One cryptographic expert, who asked not to be identified lest the
- NSA take reprisals against his company, said:
- "The voice privacy scheme, as opposed to the authentication scheme,
- is pitifully easy to break. It involves the generation of two `voice
- privacy masks' each 260 bits long. They are generated as a
- byproduct of the authentication algorithm and remain fixed for the
- duration of a call. The voice privacy masks are exclusive_ORed with
- each frame of data from the vocoder at the transmitter. The receiver
- XORs the same mask with the incoming data frame to recover the
- original plain text. Anyone familiar with the fundamentals of
- cryptanalysis can easily see how weak this scheme is."
-
- And indeed, Whitfield Diffie, co-inventor of Public Key cryptography
- and arguably the dean of this obscure field, told me this about the
- fixed masks:
- "Given that description of the encryption process, there is no need for
- the opponents to know how the masks were generated. Routine
- cryptanalytic operations will quickly determine the masks and
- remove them."
-
- Some on the committee claimed that possible NSA refusal of export
- licensing had no bearing on the algorithm they chose. But their
- decision not to publish the entire method and expose it to
- cryptanalytical abuse (not to mention ANSI certification) was
- accompanied by the following convoluted justification:
- "It is the belief of the majority of the Ad Hoc Group, based on our
- current understanding of the export requirements, that a published
- algorithm would facilitate the cracking of the algorithm to the extent
- that its fundamental purpose is defeated or compromised." (Emphasis
- added.)
-
- Now this is a weird paragraph any way you parse it, but its most
- singular quality is the sudden, incongruous appearance of export
- requirements in a paragraph otherwise devoted to algorithmic
- integrity. In fact, this paragraph is itself code, the plain text of which
- goes something like this: "We're adopting this algorithm because, if
- we don't, the NSA will slam an export embargo on all domestically
- manufactured digital cellular phones."
-
- Obviously, the cellular phone system manufacturers and providers
- are not going to produce one model for overseas sale and another for
- domestic production. Thus, a primary effect of NSA-driven efforts to
- deny some unnamed foreign enemy secure cellular communications
- is on domestic security. The wireless channels available to Americans
- will be cloaked in a mathematical veil so thin that, as one crypto-
- expert put it, "Any county sheriff with the right PC-based black box
- will be able to monitor your cellular conversations."
-
- When I heard him say that, it suddenly became clear to me that,
- whether consciously undertaken with that goal or not, the most
- important result of the NSA's encryption embargoes has been the
- future convenience of domestic law enforcement. Thanks to NSA
- export policies, they will be assured that, as more Americans protect
- their privacy with encryption, it will be of a sort easily penetrated
- by authority.
-
- I find it increasingly hard to imagine this is not their real objective
- as well. Surely, the NSA must be aware of how ineffectual their
- efforts have been in keeping good encryption out of inimical military
- possession. An algorithm is somewhat less easily stopped at the
- border than, say, a nuclear reactor. As William Neukom, head of
- Microsoft Legal puts it, "The notion that you can control this
- technology is comical."
-
- I became further persuaded that this was the case upon hearing,
- from a couple of sources, that the Russians have been using the
- possibly uncrackable (and American) RSA algorithm in their missile
- launch codes for the last ten years and that, for as little as five bucks,
- one can get a software package called Crypto II on the streets of
- Saint Petersburg which includes both RSA and DES encryption
- systems.
-
- Nevertheless, the NSA has been willing to cost American business a
- lot of revenue rather than allow domestic products with strong
- encryption into the global market.
-
- While it's impossible to set a credible figure on what that loss might
- add up to, it's high. Jim Bidzos, whose RSA Data Security licenses RSA,
- points to one major Swiss bid in which a hundred million dollar
- contract for financial computer terminals went to a European vendor
- after American companies were prohibited by the NSA from
- exporting a truly secure network.
-
- The list of export software containing intentionally broken
- encryption is also long. Lotus Notes ships in two versions. Don’t count
- on much protection from the encryption in the export version. Both
- Microsoft and Novell have been thwarted in their efforts to include
- RSA in their international networking software, despite frequent
- publication of the entire RSA algorithm in technical journals all over
- the world.
-
- With hardware, the job has been easier. NSA levied against the
- inclusion of a DES chip in the AS/390 series IBM mainframes in late
- 1990 despite the fact that, by this time, DES was in widespread use
- around the world, including semi-official adoption by our official
- enemy, the USSR.
-
- I now realize that the Soviets have not been the NSA's main concern
- at any time lately. Naively hoping that, with the collapse of the Evil
- Empire, the NSA might be out of work, I learned that, given their
- own vigorous crypto systems and their long use of some embargoed
- products, the Russians could not have been the threat from whom
- this forbidden knowledge was to be kept. Who has the enemy been
- then? I started to ask around.
-
- Cited again and again as the real object of the embargoes were Third-
- World countries, terrorists and... criminals. Criminals, most generally
- drug-flavored, kept coming up, and nobody seemed concerned that
- some of their operations might be located in areas supposedly off-
- limits to NSA scrutiny.
-
- Presumably the NSA is restricted from conducting American
- surveillance by both the Foreign Intelligence Surveillance Act of
- 1978(FISA) and a series of presidential directives, beginning with
- one issued by President Ford following Richard Nixon's bold misuse
- of the NSA, in which he explicitly directed the NSA to conduct
- widespread domestic surveillance of political dissidents and drug
- users.
-
- But whether or not FISA has actually limited the NSA's abilities to
- conduct domestic surveillance seemed less relevant the more I
- thought about it. A better question to ask was, "Who is best served
- by the NSA's encryption export policies?" The answer is clear:
- domestic law enforcement. Was this the result of some plot between
- NSA and, say, the Department of Justice? Not necessarily.
-
- Certainly in the case of the digital cellular standard, cultural
- congruity between foreign intelligence, domestic law enforcement,
- and what somebody referred to as "spook wannabes on the TR45.3
- committee" might have a lot more to do with the its eventual flavor
- than any actual whisperings along the Potomac.
-
- Unable to get anyone presently employed by the NSA to comment on
- this or any other matter, I approached a couple of old hands for a
- highly distilled sample of intelligence culture.
-
- I called Admirals Stansfield Turner and Bobby Ray Inman. Their
- Carter administration positions as, respectively, CIA and NSA
- Directors, had endowed them with considerable experience in such
- matters In addition, both are generally regarded to be somewhat
- more sensitive to the limits of democratic power than their
- successors. And their successors seemed unlikely to return my calls.
- My phone conversations with Turner and Inman were amiable
- enough, but they didn't ease my gathering sense that the NSA takes
- an active interest in areas beyond its authorized field of scrutiny.
- Turner started out by saying he was in no position to confirm or
- deny any suspicions about direct NSA-FBI cooperation on encryption.
- Still, he didn't think I was being irrational in raising the question. In
- fact, he genially encouraged me to investigate the matter further.
- He also said that while a sub rosa arrangement between the NSA and
- the Department of Justice to compromise domestic encryption would
- be "injudicious," he could think of no law, including FISA (which he
- helped design), which would prevent it.
-
- Alarmingly, this gentleman who has written eloquently on the
- hazards of surveillance in a democracy did not seem terribly
- concerned that our digital shelters are being rendered permanently
- translucent by and to the government. He said, "A threat could
- develop...terrorism, narcotics, whatever...where the public would be
- pleased that all electronic traffic was open to decryption. You can't
- legislate something which forecloses the possibility of meeting that
- kind of emergency."
-
- Admiral Inman had even more enthusiasm for assertive
- governmental supervision. Although he admitted no real knowledge
- of the events behind the new cellular encryption standard, he wasn't
- disturbed to hear it might be purposely flawed.
-
- And, despite the fact that his responsibilities as NSA Director had
- been restricted to foreign intelligence, he seemed a lot more
- comfortable talking about threats on the home front.
- "The Department of Justice," Inman began, "has a very legitimate
- worry. The major weapon against white collar crime has been the
- court-ordered wiretap. If the criminal elements go to using a high
- quality cipher, the principal defense against narcotics traffic is gone."
- This didn't sound like a guy who, were he still head of NSA, would
- rebuff FBI attempts to get a little help from his agency.
-
- He brushed off my concerns about the weakness of the cellular
- encryption standard. "If all you're seeking is personal privacy, you
- can get that with a very minimal amount of encipherment."
- Well, I wondered, Privacy from whom?
-
- Inman seemed to regard real, virile encryption to be something
- rather like a Saturday Night Special. "My answer," he said, "would be
- legislation which would make it a criminal offense to use encrypted
- communication to conceal criminal activity."
-
- Wouldn't that render all encrypted traffic automatically suspect? I
- asked.
-
- "Well," he said, "you could have a registry of institutions which can
- legally use ciphers. If you get somebody using one who isn't
- registered, then you go after him."
-
- You can have my encryption algorithm, I thought to myself, when
- you pry my cold dead fingers from its private key.
-
- It wasn't a big sample, but it was enough to gain an appreciation of
- the cultural climate of the intelligence community. And these guys
- are the liberals. What legal efficiencies might their Republican
- successors be willing to employ to protect the American Way?
- Without the familiar presence of the Soviets, we can expect a sharp
- increase in over-rated bogeymen and virtual states of emergency.
- This is already well under way. I think we can expect our drifting
- and confused hardliners to burn the Reichstag repeatedly until they
- have managed to extract from our induced alarm the sort of
- government which makes them feel safe.
-
- This process has been under way for some time. One sees it in the
- war on terrorism, against which pursuit "no liberty is absolute," as
- Admiral Turner put it. This, despite the fact that, during last year for
- which I have a solid figure, 1987, only 7 Americans succumbed to
- terrorism.
-
- You can also see it clearly under way in the War on Some Drugs. The
- Fourth Amendment to the Constitution has largely disappeared in
- this civil war. And among the people I spoke with, it seemed a
- common canon that drugs (by which one does not mean Jim Beam,
- Marlboros, Folger's, or Halcion) were a sufficient evil to merit the
- government's holding any keys it wanted.
-
- One individual close to the committee said that at least some of the
- aforementioned "spook wannabes" on the committee were interested
- in weak cellular encryption because they considered warrants not
- "practical" when it came to pursuing drug dealers and other criminals
- using cellular phones.
-
- In a fearful America, where the people cry for shorter chains and
- smaller cages, such privileges as secure personal communications are
- increasingly regarded as expendable luxuries. As Whitfield Diffie put
- it, "From the consistent way in which Americans seem to put security
- ahead of freedom, I fear that most would prefer that all electronic
- traffic was open to government decryption."
-
- In any event, while I found no proof of an NSA-FBI conspiracy to gut
- the American cellular phone encryption standard, it seemed clear to
- me that none was needed. The same results can be delivered by a
- cultural "auto-conspiracy" between like-minded hardliners and
- cellular companies who will care about privacy only when their
- customers do.
-
- You don't have to be a hand-wringing libertarian like me to worry
- about the domestic consequences of the NSA's encryption embargoes.
- They are also, as stated previously, bad for business. Unless, of
- course, the business of America is no longer business but, as
- sometimes seems the case these days, crime control.
-
- As Ron Rivest (the "R" in RSA) said to me, "We have the largest
- information-based economy in the world. We have lots of reasons for
- wanting to protect information, and weakening our encryption
- systems for the convenience of law enforcement doesn't serve the
- national interest."
-
- But by early March, it was clear that this "business-oriented"
- administration had made a clear choice to favor cops over commerce
- even if the costs to the American economy were to become
- extremely high.
-
- A sense of White House seriousness in this regard could be taken
- from their response to the first serious effort by Congress to bring
- the NSA to task for its encryption embargoes. Rep. Mel Levine (D-
- Calif.) proposed an amendment to the Export Administration Act to
- transfer mass market software controls to the Commerce
- Department, which would relax the rules. The administration
- responded by saying that they would veto the entire bill if the
- Levine amendment remained attached to it.
-
- Even though it appeared the NSA had little to fear from Congress, the
- Levine amendment may have been part of what placed the agency in
- a bargaining mood for the first time. They entered into discussions
- with the Software Publishers Association who, acting primarily on
- behalf of Microsoft and Lotus, got to them to agree "in principle" to a
- streamlined process for export licensing of encryption which might
- provide for more robust standards than previously allowed.
-
- But the negotiations between the NSA and the SPA were being
- conducted behind closed doors. The NSA imposed an understanding
- that any agreement would be set forth only in a "confidential" letter
- to Congress. As in the case of the digital cellular standard, this would
- eliminate the public scrutiny by cryptography researchers.
-
- Furthermore, some cryptographers worried that the encryption key
- lengths to which the SPA appeared willing to restrict its members
- might be too short for the sorts of brute-force decryption assaults
- which advances in processor technology will yield in the near future.
- And brute force decryption has always been the NSA's strong suit.
- The impression engendered by the style of the NSA-SPA negotiations
- did not inspire confidence. The lack of confidence will operate to the
- continued advantage of foreign manufacturers in an era when more
- and more institutions are going to be concerned about the privacy of
- their digital communications.
-
- But the economic damage which the NSA-SPA agreement might cause
- would be minor compared to what would result from a startling new
- federal initiative, the Department of Justice's proposed legislation on
- digital telephony. If you're wondering what happened to the
- snooping provisions which were in Senate Bill 266, look no further.
- They're back. Bigger and bolder than before.
-
- They are contained in a sweeping proposal by the Justice Department
- to the Senate Commerce Committee. It proposes legislation which
- would "require providers of electronic communications services and
- private branch exchanges to ensure that the Government's ability to
- lawfully intercept communications is unimpeded by the introduction
- of advanced digital telecommunications technology or any other
- telecommunications technology."
-
- This really means what it says: before any advance in
- telecommunications technology can be deployed, the service
- providers and manufacturers must assure the cops that they can tap
- into it. In other words, development in digital communications
- technology must come to a screeching halt until The Department of
- Justice can be assured that it will be able to grab and examine data
- packets with the same facility they have long enjoyed with analog
- wire-tapping.
-
- It gets worse. The initiative also provides that, if requested by the
- Attorney General, "any Commission proceeding concerning
- regulations, standards or registrations issued or to be issued under
- authority of this section shall be closed to the public." This essentially
- places the Attorney General in a position to shut down any
- telecommunications advance without benefit of public hearing.
-
- When I first heard of the digital telephony proposal, I assumed it
- was a kind of bargaining chip. I couldn't imagine it was serious. But it
- now appears they are going to the mattresses on this one.
-
- Taken together with NSA's continued assertion of its authority over
- encryption, a pattern becomes clear. The government of the United
- States is so determined to maintain law enforcement's traditional
- wire-tapping abilities in the digital age that it is willing to cripple the
- American economy. This may sound hyperbolic, but I believe it is
- not.
-
- The greatest technological advantages this country presently enjoys
- are in the areas of software and telecommunications. Furthermore,
- thanks in large part to the Internet, much of America is already
- wired for bytes. This is as significant an economic edge in the
- Information Age as the existence of a railroad system was for
- England one hundred fifty years ago.
-
- If we continue to permit the NSA to cripple our software and further
- convey to the Department of Justice the right to stop development
- the Net without public input, we are sacrificing both our economic
- future and our liberties. And all in the name of combating terrorism
- and drugs.
-
- This has now gone far enough. I have always been inclined to view
- the American government as fairly benign as such creatures go. I am
- generally the least paranoid person I know, but there is something
- scary about a government which cares more about putting its nose in
- your business than it does about keeping that business healthy.
- As I write this, a new ad hoc working group on digital privacy,
- coordinated by the Electronic Frontier Foundation, is scrambling to
- meet the challenge. The group includes representatives from
- organizations like AT&T, the Regional Bells, IBM, Microsoft, the
- Electronic Mail Association and about thirty other companies and
- public interest groups.
-
- Under the direction of Jerry Berman, EFF's Washington office
- director, and John Podesta, a capable lobbyist and privacy specialist
- who helped draft the ECPA, this group intends to stop the provisions
- in digital telephony proposal from entering the statute books.
-
- We intend to work with federal law enforcement officials to address
- their legitimate concerns. We don’t dispute their need to conduct
- some electronic surveillance, but we believe this can be assured by
- more restrained methods than they're proposing. We are also
- preparing a thorough examination of the NSA's encryption export
- policies and looking into the constitutional implications of those
- policies. Rather than negotiating behind closed doors, as the SPA has
- been attempting to do, America's digital industries have a strong
- self-interest in banding together to bring the NSA's procedures and
- objectives into the sunlight of public discussion.
-
- Finally, we are hoping to open a dialog with the NSA. We need to
- develop a better understanding of their perception of the world and
- its threats. Who are they guarding us against and how does
- encryption fit into that endeavor? Despite our opposition to their
- policies on encryption export, we assume that NSA operations have
- some merit. But we would like to be able to rationally balance the
- merits against the costs.
-
- The legal right to express oneself is meaningless if there is no secure
- medium through which that expression may travel. By the same
- token, the right to hold unpopular opinions is forfeit unless one can
- discuss those opinions with others of like mind without the
- government listening in.
-
- Even if you trust the current American government, as I am still
- inclined to, there is a kind of corrupting power in the ability to create
- public policy in secret while assuring that the public will have little
- secrecy of its own.
-
- In its secrecy and technological might, the NSA already occupies a
- very powerful position. And conveying to the Department of Justice
- what amounts to licensing authority for all communications
- technology would give it a control of information distribution rarely
- asserted over English-speaking people since Oliver Cromwell's Star
- Chamber Proceedings.
-
- Are there threats, foreign or domestic, which are sufficiently grave to
- merit the conveyance of such vast legal and technological might?
- And even if the NSA and FBI may be trusted with such power today,
- will they always be trustworthy? Will we be able to do anything
- about it if they aren't?
-
- Senator Frank Church said of NSA technology in 1975 words which
- are more urgent today:
- "That capability at any time could be turned around on the American
- people and no American would have any privacy left. There would
- be no place to hide. If this government ever became a tyranny, the
- technological capacity that the intelligence community has given the
- government could enable it to impose total tyranny. There would be
- no way to fight back, because the most careful effort to combine
- together in resistance to the government, no matter how privately it
- was done, is within the reach of the government to know. Such is the
- capacity of this technology."
-
- San Francisco, California
- Monday, May 4, 1992
-
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-
- The EFF encourages any organization which might have a stake in
- the future of cyberspace to become involved.
- Letters expressing your concern may be addressed to:
-
- Sen. Ernest Hollings
- Chairman, Senate Commerce Committee
- U.S. Senate
- Washington, DC
- and to
- Don Edwards
- Chairman, Subcommitee on Constitutional Rights
- House Judiciary Committee.
- Washington, DC
-
- I would appreciate hearing those concerns myself. Feel free to copy
- me with those letters at my physical address,
-
- John Perry Barlow
- P.O. Box 1009
- Pinedale, WY 82941
- or in Cyberspace -- barlow@eff.org.
-
- If your organization is interested in becoming part of the digital
- privacy working group, please contact the EFF's Washington office at:
-
- 666 Pennsylvania Avenue SE,
- Suite 303,
- Washington, DC 20003
- 202/544-9237
-
- EFF also encourages individuals interested in these issues to join the
- organization. Contact us at:
-
- Electronic Frontier Foundation
- 155 Second Street
- Cambridge, MA 02141
- 617/864-0665
- eff-request@eff.org.
-